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Daniel Coble
- Aug 23, 2021
Scientific vs. Nonscientific Expert Testimony
When expert testimony is being offered, the trial court should follow SCRE 702 and the Daubert/Council procedure, and the court should...
Daniel Coble
- Aug 16, 2021
Battered Spouse Syndrome and Expert Testimony
Battered Spouse Syndrome is admissible through expert testimony for a self-defense claim in a homicide case. This syndrome is defined as...
Daniel Coble
- Aug 9, 2021
Dead Man's Statute
Under SCRE 601, every witness is competent to testify unless a statute or the Rules of Evidence say otherwise.The Dead Man’s Statute is...
Daniel Coble
- Aug 2, 2021
Crime Scene Analysis
The Supreme Court held that “crime scene analysis” is nonscientific. · State v. Prather, 429 S.C. 583 (2020). “Barefoot insole...
Daniel Coble
- Jul 26, 2021
Accident Reconstruction and Expert Opinion
Accident reconstruction testimony requires an expert opinion. A trial court must make the proper SCRE 702 findings on the record to...
Daniel Coble
- Jul 19, 2021
Criminal Profile Testimony
Testimony about “criminal profiles” is unreliable and usually inadmissible. Because expert testimony can overlap with profile testimony...
Daniel Coble
- Jul 14, 2021
SC CoA: "the doctrine of transferred intent inapplicable to this charge of attempted murder."
A couple of years ago, I wrote a blog piece on Attempted Murder and Transferred Intent. The Supreme Court did not directly answer...
Daniel Coble
- Jul 12, 2021
Closed Circuit Testimony
In a sexual assault case, a child witness is not automatically prohibited from testifying via closed circuit video outside of the...
Daniel Coble
- Jul 8, 2021
Felony DUI, Blood Samples, and Chain of Custody
In a recent SC Court of Appeals case, State v. Rowell, the court had to analyze the chain of custody of several blood samples from the...
Daniel Coble
- Jul 5, 2021
Expert Testimony in CSC Cases
Child abuse assessment is a proper type of expert opinion, but there are specific requirements for qualifying an expert in this field....
Daniel Coble
- Jun 29, 2021
Expert Testimony and CSLI (Update)
In a recent SC Court of Appeals case, the court again upheld expert testimony on Cell Site Location Information: The court also explained...
Daniel Coble
- Jun 23, 2021
Prior Bad Act and Gang Evidence
New SC Court of Appeals case, Johnson v. State, on gang evidence and 404(b). This case also presents some somewhat new evidentiary...
Daniel Coble
- Jun 22, 2021
Post-Miranda Silence
State v. Green
Daniel Coble
- Jun 15, 2021
Exceptions to Lyle/404
· State v. Beck, 342 S.C. 129 (2000) A witness was allowed to testify to a similar robbery by defendant under the identity exception to...
