Tagged: cross-examination

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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