Tagged: Confrontation Clause

Court of Appeals Affirms Grant of New Trial After Prosecutor Failed to Disclose Deal with Testifying Co-Defendant

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 the right to confront the witness. Click this link to […]

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Right to confront and cross-examine a witness includes right to question witness about U-visa

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 certain crimes, who have suffered mental or physical abuse and are helpful to […]

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Confrontation Clause vs. Witness’ Privacy

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’s state constitutional right to privacy and statutory privilege to maintain confidential mental health records.”  Our Court recognized, “[T]he majority of jurisdictions […]

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