SCRE 401 Relevance: A low bar but still has to be cleared

Under the rules of evidence, all evidence must be relevant or it is not admissible. However, relevance is not a high standard, rather it is the other rules that usually keep a piece of evidence out. In this recent SC Court of Appeals case, the court found that the testimony by an expert about whether a gun was operational was irrelevant because it is not required under the statute to be operational. Thus that testimony served no purpose.


State v. Heyward

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Daniel@everydayevidence.og

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