Sep 10, 2021 | Evidence Rules
What does “circumstantial evidence” mean? At some point, we’ve all probably heard someone say something like, “that’s just circumstantial, we can’t really know what happened…” And it’s true – circumstantial evidence, although it may suggest to us what happened, is...
Oct 25, 2019 | Evidence Rules
Is social media evidence admissible in SC courts? If you have a civil or criminal case pending in SC courts, your social media posts, pictures, and comments might come back to haunt you… Your Facebook, Twitter, or other social media account may be filled with happy...
Sep 12, 2019 | Criminal Defense, Evidence Rules
Is there a spousal privilege in SC? There is, although it is not always helpful. Spousal privilege in SC used to be a common-law rule that prohibited calling a person as a witness against their husband or wife. Now, spousal privilege in SC is statutory – the statute...
Aug 22, 2019 | Criminal Defense, Evidence Rules
Is “good character” evidence admissible in a criminal trial? Character evidence is admissible in a criminal trial, but the rules on character evidence are often misunderstood by prosecutors, defense attorneys, and judges. Can the defense introduce evidence of a...
Jun 6, 2018 | Criminal Defense, Evidence Rules, Legislation
Well-meaning eyewitnesses have helped to send thousands of innocent people to jail. Some witnesses just lie, but most of them don’t intend to finger the wrong person – they fall victim to a combination of pressure from police and prosecutors, the flawed...
May 2, 2018 | Criminal Defense, Evidence Rules
Last week, on the same day that I wrote about whether corporate profits and trade secrets are more important than a defendant’s constitutional rights, the SC Supreme Court may have answered the question for us… In Hartsock v. Goodyear, the SC Supreme Court answered a...
