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Daniel Coble
- Jun 8, 2021
SCRE 901: "Burden to authenticate is low"
Berry v. Spang
Daniel Coble
- Jun 3, 2021
Authenticating 911 Calls in Trial
A 911 recording presents multiple evidentiary issues that must be crossed. First, the recording has to be authenticated. Under SCRE...
Daniel Coble
- Jun 1, 2021
Computer Animations used in Trial
A computer animation may be admissible if the proponent shows it is “(1) authentic under Rule 901, SCRE; (2) relevant under Rules 401 and...
Daniel Coble
- May 27, 2021
Applicability of the Rules of Evidence
Generally, the Rules of Evidence apply in trials. But the rules will often come into play in some form if a hearing is a final...
Daniel Coble
- May 25, 2021
Res Gestae and the Complete Story
Res gestae is evidence of other acts to tell the whole story. It can be used to put actions in context and paint the whole picture. This...
Daniel Coble
- May 20, 2021
Character Evidence in Trials
Character evidence is rarely admitted, and for good reason. Character evidence is essentially propensity evidence – that means that...
Daniel Coble
- May 20, 2021
Constructive Possession of Drugs: Jury Charge vs. Directed Verdict
In a recent South Carolina Supreme Court case, State v. Stewart, the Court clarified the proper jury instructions for a drug charge based...
Daniel Coble
- May 18, 2021
SCRE 609: Explaining Convictions to Jury?
State v. Joseph, 328 S.C. 352, 361, 491 S.E.2d 275, 280 (Ct. App. 1997)
Daniel Coble
- May 13, 2021
Authentication and the First Step
Authentication is merely the first step in introducing a piece of evidence. Just because the evidence passes the low threshold of being...
Daniel Coble
- May 12, 2021
Book Review: The Law of Evidence
I am very excited to have received a review copy of Professor Jeffrey Bellin's newest casebook on the rules of evidence: "The Law of...
Daniel Coble
- May 11, 2021
Chain of Custody and Authentication
Chain of custody is a form authentication. Two questions often arise with chain issues: is the object what it claims to be and has it...
Daniel Coble
- May 6, 2021
Written Statement Requirement in Criminal Proceeding
SECTION 19-1-80. Conditions on examination of witness in criminal proceeding concerning written statement made to public employee.
Daniel Coble
- May 4, 2021
SCRE 411: When can it be revealed that an expert is hired by insurer?
Under SCRE 411, liability insurance is typically not allowed in: Yoho v. Thompson, 345 S.C. 361, 365, 548 S.E.2d 584, 585 (2001) The SC...
Daniel Coble
- May 3, 2021
Who sent it? Authenticating text messages
Social media is becoming more prevalent in trials. From emails to texts to Facebook posts, social media can be critical evidence that a...
Daniel Coble
- May 3, 2021
Extrinsic Evidence and Prior Inconsistent Statements 613
From an unpublished SC Court of Appeals opinion: Brown v. State