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Daniel Coble
- Jan 6, 2020
South Carolina Rule of Evidence: 409
RULE 409 PAYMENT OF MEDICAL AND SIMILAR EXPENSES Evidence of furnishing or offering or promising to pay medical, hospital, or similar...
Daniel Coble
- Jan 6, 2020
Improper Bolstering
A recent South Carolina Court of Appeals case explains "bolstering" and how it is improper: Examples of cases of improper bolstering:...
Daniel Coble
- Jan 5, 2020
Character Evidence - restrained because of its own power
An old Supreme Court case sums up why character evidence has to be limited in criminal trials: Michelson v. United States, 335 U.S. 469,...
Daniel Coble
- Jan 4, 2020
'Have you heard?' vs. 'Did you know?'
When impeaching a witness under 405(a), a witness will likely have their knowledge tested of how well they actually know the defendant....
Daniel Coble
- Jan 3, 2020
Automobile exception: how soon after must warrantless search occur? "Not... immediately"
In a recent Court of Appeals case, the court analyzed two exceptions to the warrant requirement - consent and automobile: One thing...
Daniel Coble
- Jan 2, 2020
CREAC: Franks Hearing in South Carolina
A Franks hearing is used when the defense alleges that the search warrant is invalid and thus the items seized should be suppressed (in a...
Daniel Coble
- Dec 31, 2019
Top 5 Evidence Cases of 2019: #1
While the rules of evidence rarely are amended (807 had it coming though), they are often interpreted and applied in different ways each...
Daniel Coble
- Dec 31, 2019
Reason #25: Dual Degree Program: Criminology and Criminal Justice
Criminology and Criminal Justice Whether you want to be a prosecutor or a defense attorney, your effectiveness in the courtroom will be...
Daniel Coble
- Dec 30, 2019
South Carolina Rule of Evidence: 408
RULE 408 COMPROMISE AND OFFERS TO COMPROMISE Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering...
Daniel Coble
- Dec 30, 2019
Top 5 Evidence Cases of 2019: #2
While the rules of evidence rarely are amended (807 had it coming though), they are often interpreted and applied in different ways each...
Daniel Coble
- Dec 30, 2019
Can character evidence ever be an affirmative defense?
No, according to a 2002 case from the Fifth Circuit Court of Appeals: United States v. John, 309 F.3d 298, 303 (5th Cir. 2002) And also...
Daniel Coble
- Dec 29, 2019
Character Evidence: "the slow growth of months and years"
Setting aside 405(b), why do the courts favor character evidence that is based on reputation and not specific incidents? This quote from...