February 2016
Waiver Rule
The Court clarified its holding in State v. Hepburn, 406 S.C. 416, 753 S.E.2d 402 (2013), that the waiver rule is inapplicable not only to testimony of a co-defendant but also to testimony offered by a co-defendant.
State v. Phillips, Op. No. 27607 (S.C. Sup. Ct. filed Feb. 17, 2016) (Shearouse Adv. Sh. No. 7 at 40).
July 2015
Impeachment
Armed robbery is not a crime of dishonesty or false statement for purposes of impeachment under Rule 609(a)(2), SCRE. For impeachment purposes, crimes of “dishonesty or false statement” are crimes in the nature of crimen false “that bear upon a witness’s propensity to testify truthfully.” The Court’s holding does not preclude the admission of prior convictions for armed robbery; rather it merely enables a trial judge to conduct a balancing test pursuant to Rule 609(a)(1), SCRE when the State seeks prior convictions for armed robbery to impeach a criminal defendant’s testimony.
State v. Broadnax, Op. No. 27545 (S.C. Sup. Ct. filed July 8, 2015) (Shearouse Adv. Sh. No. 26 at 61).