Tag Archives: Criminal Practice

Criminal Practice – Meth Production – Evidence – First Impression – NPLEx Database – Business Records – Police Officer’s Testimony – Meth Yield (access required)

South Carolina has not addressed whether logs from the National Precursor Log Exchange (NPLEx, an electronic database housing all pseudoephedrine purchases in 29 states) meet the business records exception to the rule against hearsay. Since the NPLEx records are created ...

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Criminal Practice – Jury & Jurors – Instructions – ‘Acting for the Community’ – Burden of Proof – Appeals (access required)

State v. Daniels Where the trial judge instructed the jury that it and the judge were acting for the community, this charge was not akin to an improper Golden Rule argument. The charge given in this case did not ask the jury to consider the victim’s perspective.

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Criminal Practice – Evidence – Witness Impeachment – 1987 Manslaughter Convictions – Harmless Error – CSC with a Minor (access required)

State v. Black The trial court erred when it admitted evidence of a defense witness’s 1987 manslaughter convictions for which he was imprisoned until 1993. These convictions did not rest on dishonest conduct and are not particularly probative of the specific trait of truthfulness. Nevertheless, the error was harmless.

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Criminal Practice – PCR – Constitutional – Jury Trial Right – Waiver – Ineffective Assistance of Counsel (access required)

Moore v. State Even though petitioner’s trial counsel testified that petitioner definitely wanted a bench trial, counsel had little recollection of his discussions with petitioner about a jury trial versus a bench trial, and petitioner testified that he wanted a jury trial.

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Criminal Practice – Sex Offender – Civil Commitment — Reconsideration (access required)

U.S. v. Wooden The record does not support a district court’s rejection of civil commitment for a sex offender, and the 4th Circuit orders reconsideration; the offender has a long history of acting on his pedophilic urges, has been convicted or adjudicated delinquent five times, has admitted he offended many more times than he was caught and has been resistant to treatment.

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