Evidence

On Being a Female Criminal Defense Lawyer in the #Metoo Age

On Being a Female Criminal Defense Lawyer in the #Metoo Age

I am female. I am a criminal defense lawyer. I am a female criminal defense lawyer who defends clients accused...

Is There a Breathalyzer for Marijuana?

Is There a Breathalyzer for Marijuana?

If you are pulled over for driving under the influence (DUI) in South Carolina, you can expect to take a...

Am I Free to Go?

Am I Free to Go?

Last week in State v. Spears, the S.C. Court of Appeals reversed a Lexington County conviction for trafficking crack cocaine...

State v. Trapp – The Slow Erosion of the Confrontation Clause Continues

State v. Trapp – The Slow Erosion of the Confrontation Clause Continues

The S.C. Court of Appeals upheld a Newberry County conviction for trafficking crack cocaine last week and held that both...

Criminal Profiler Testimony: Not Reliable, Relevant, or Admissible

Criminal Profiler Testimony: Not Reliable, Relevant, or Admissible

In State v. Huckabee, the S.C. Court of Appeals ruled that criminal profiler testimony is not relevant under Rule 401,...

U.S. Supreme Court Addresses Racial Bias in the Jury Room – Pena-Rodriguez v. Colorado

U.S. Supreme Court Addresses Racial Bias in the Jury Room – Pena-Rodriguez v. Colorado

Last week the U.S. Supreme Court, in Pena-Rodriguez v. Colorado, announced “a constitutional rule that racial bias in the justice...

Odds and Ends

Odds and Ends

Here are some interesting and/or useful South Carolina statutes that I’ve come across.  Just putting them here so you and...

State v. Berry – How to Get Inadmissible Testimony in Front of the Jury

State v. Berry – How to Get Inadmissible Testimony in Front of the Jury

If you are a prosecutor, anyway:  When an objection is sustained, just keep asking similar questions so the jury can...

When Is Brain Damage a Valid Defense?

When Is Brain Damage a Valid Defense?

In Winkler v. State, the S.C. Supreme Court reversed and remanded a capital murder defendant’s case so that his attorneys...

DUI – reasonable efforts to maintain video equipment

DUI – reasonable efforts to maintain video equipment

In City of Greer v. Humble, decided March 27, 2013, the S.C. Court of Appeals upheld a municipal court’s dismissal...