Everyday/Evidence Newsletter
In a recent Fourth Circuit case (United States v. Slager, 912 F.3d 224, 237 (4th Cir.), cert. denied, 139 S. Ct. 2679, 204 L. Ed. 2d 1080 (2019)), the court reminded litigants in a footnote that judges exercise "wide discretion" in sentencing and that the rules of evidence do no…
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Federal Rule of Evidence 407 prevents a party from introducing "subsequent remedial measures" to prove that a party was negligent (and a few others). T…
Daniel Coble
Jun 2Share
From In re Gonzalez, 409 S.C. 621, 630, 763 S.E.2d 210, 214 (2014):
Daniel Coble
May 26Share
A recent South Carolina Court of Appeals case explains "bolstering" and how it is improper: Examples of cases of improper bolstering: Chappell v. State
Daniel Coble
May 19Share
When impeaching a witness under 405(a), a witness will likely have their knowledge tested of how well they actually know the defendant. (" On cross-exa…
Daniel Coble
May 12Share
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 nutshell). A …
Daniel Coble
May 5Share
In a recent unpublished Fourth Circuit Court of Appeals opinion (Raynor v. G4S), the court looked at a trial court who imposed a time limit of 7.5 hour…
Daniel Coble
Apr 28Share
In a recent S.C. Supreme Court opinion, the court had to determine whether a stop and frisk violated the defendant's Fourth Amendment rights against an…
Daniel Coble
Apr 21Share
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Everyday/Evidence Newsletter


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