Category: Rules of Evidence

Is Eyewitness Testimony Reliable?

Prosecutors love eyewitness testimony. It sends a lot of people to jail. On the surface, this makes sense – when you need to know exactly what happened and you weren’t there, why not rely on the memories of the people who were there? Because memories are not as accurate as we think they are. If [..]

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Forensic Sciences – Search for Truth or Prosecution Tool?

After a decade or so of progress in identifying and acknowledging the huge problems with forensic science used to obtain convictions in our nation’s courtrooms, Attorney General Jeff Sessions last month disbanded the nonpartisan National Commission on Forensic Science and announced that the department would no longer review closed cases for inaccurate or unsupported statements [..]

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Curtilage Revisited – Trafficking Weight Cocaine Suppressed

Last December, I wrote about State v. Bash, where the S.C. Supreme Court thankfully re-affirmed that a police officer cannot enter a person’s yard without a warrant or exigent circumstances in order to search for drugs.  The defendant was charged with trafficking in cocaine > 400 grams and trafficking in crack cocaine 10-28 grams.  The [..]

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