» Confrontation Clause
Court of Appeals Affirms Grant of New Trial After Prosecutor Failed to Disclose Deal with Testifying Co-Defendant
June 18th, 2019
On May 8, 2018, in State v. Dean, the South Carolina Court of Appeals affirmed the grant of a new trial because the prosecution did not disclose its deal with a testifying co-defendant. The failure to disclose resulted in a denial of due process and…
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Categories: Notable Cases
Right to confront and cross-examine a witness includes right to question witness about U-visa
June 10th, 2018
On June 6, 2018, in State v. Perez, the South Carolina Court Supreme Court held Mr. Perez was prejudiced by the trial court not allowing him to cross-examine a witness about seeking a U-visa. The Court explained, “A U-visa allows victims of cer…
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Categories: Blog
Confrontation Clause vs. Witness' Privacy
November 27th, 2017
In State v. Blackwell, 420 S.C. 127, 801 S.E.2d 713 (2017), the South Carolina Supreme Court addressed what the Court termed “the novel question of whether a criminal defendant’s constitutional right to confront a witness trumps a witness…
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Categories: Blog