exclusion defense (South Carolina) · Go Syfert
← South Carolina issues

exclusion defense in South Carolina

22 South Carolina opinions name it 2 courts 1937–2025 5 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
State v. Washingtongreen
scctapp · 2018 · cited in 3 South Carolina opinions naming this issue, 2023–2024
2 sentences

2024See State v. Huckabee, 388 S.C. 232, 241 , 694 S.E.2d 781, 785 (Ct. App. 2010) ("[T]he decision to sequester a witness is within the sound discretion of the [trial] court."); State v. Moorer, 439 S.C. 525 , 548, 888 S.E.2d 725 , 737 (Ct. App. 2023), reh'g denied (July 24, 2023) ("The purpose of the exclusion rule is . . . to prevent the possibility of one witness shaping his testimony to match that given by other witnesses at the trial; and if a witness violates the order he may be disciplined by the court." (quoting State v. Washington, 424 S.C. 374, 409 , 818 S.E.2d 459, 477 (Ct. App. 2018),

2024See State v. Huckabee, 388 S.C. 232, 241 , 694 S.E.2d 781, 785 (Ct. App. 2010) ("[T]he decision to sequester a witness is within the sound discretion of the [trial] court."); State v. Moorer, 439 S.C. 525 , 548, 888 S.E.2d 725 , 737 (Ct. App. 2023), reh'g denied (July 24, 2023) ("The purpose of the exclusion rule is . . . to prevent the possibility of one witness shaping his testimony to match that given by other witnesses at the trial; and if a witness violates the order he may be disciplined by the court." (quoting State v. Washington, 424 S.C. 374, 409 , 818 S.E.2d 459, 477 (Ct. App. 2018),

33
Holmes v. South Carolinagreen
scotus · 2006 · cited in 4 South Carolina opinions naming this issue, 2008–2025
2 sentences

2013However, it is also clear that “the Constitution ... prohibits the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends they are asserted to promote.... ” Id.

2008However, “[w]hile the Constitution thus prohibits the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends that they are asserted to promote, well-established rules of evidence permit trial judges to exclude evidence if its probative value is outweighed by certain other factors such as unfair prejudice, confusion of the issues, or potential to mislead the jury.” Holmes, 547 U.S. at 326 , 126 S.Ct. 1727 ; see Crane v. Kentucky, 476 U.S. 683, 689-690 , 106 S.Ct. 2142 , 90 L.Ed.2d 636 (The Constitution grants trial judges ruling on th

14
Henson v. Santander Consumer USA Inc.green
scotus · 2017 · cited in 1 South Carolina opinions naming this issue, 2024–2024
1 sentence

2024Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts."); 15 U.S.C. § 1692a(6)(F) ("The term does not include . . . any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a de

11
State v. Simmonsgreen
scctapp · 2009 · cited in 1 South Carolina opinions naming this issue, 2024–2024
2 sentences

2024See State v. Huckabee, 388 S.C. 232, 241 , 694 S.E.2d 781, 785 (Ct. App. 2010) ("[T]he decision to sequester a witness is within the sound discretion of the [trial] court."); State v. Moorer, 439 S.C. 525 , 548, 888 S.E.2d 725 , 737 (Ct. App. 2023), reh'g denied (July 24, 2023) ("The purpose of the exclusion rule is . . . to prevent the possibility of one witness shaping his testimony to match that given by other witnesses at the trial; and if a witness violates the order he may be disciplined by the court." (quoting State v. Washington, 424 S.C. 374, 409 , 818 S.E.2d 459, 477 (Ct. App. 2018),

2024See State v. Huckabee, 388 S.C. 232, 241 , 694 S.E.2d 781, 785 (Ct. App. 2010) ("[T]he decision to sequester a witness is within the sound discretion of the [trial] court."); State v. Moorer, 439 S.C. 525 , 548, 888 S.E.2d 725 , 737 (Ct. App. 2023), reh'g denied (July 24, 2023) ("The purpose of the exclusion rule is . . . to prevent the possibility of one witness shaping his testimony to match that given by other witnesses at the trial; and if a witness violates the order he may be disciplined by the court." (quoting State v. Washington, 424 S.C. 374, 409 , 818 S.E.2d 459, 477 (Ct. App. 2018),

11
State v. Huckabeegreen
scctapp · 2010 · cited in 1 South Carolina opinions naming this issue, 2024–2024
2 sentences

2024See State v. Huckabee, 388 S.C. 232, 241 , 694 S.E.2d 781, 785 (Ct. App. 2010) ("[T]he decision to sequester a witness is within the sound discretion of the [trial] court."); State v. Moorer, 439 S.C. 525 , 548, 888 S.E.2d 725 , 737 (Ct. App. 2023), reh'g denied (July 24, 2023) ("The purpose of the exclusion rule is . . . to prevent the possibility of one witness shaping his testimony to match that given by other witnesses at the trial; and if a witness violates the order he may be disciplined by the court." (quoting State v. Washington, 424 S.C. 374, 409 , 818 S.E.2d 459, 477 (Ct. App. 2018),

2024See State v. Huckabee, 388 S.C. 232, 241 , 694 S.E.2d 781, 785 (Ct. App. 2010) ("[T]he decision to sequester a witness is within the sound discretion of the [trial] court."); State v. Moorer, 439 S.C. 525 , 548, 888 S.E.2d 725 , 737 (Ct. App. 2023), reh'g denied (July 24, 2023) ("The purpose of the exclusion rule is . . . to prevent the possibility of one witness shaping his testimony to match that given by other witnesses at the trial; and if a witness violates the order he may be disciplined by the court." (quoting State v. Washington, 424 S.C. 374, 409 , 818 S.E.2d 459, 477 (Ct. App. 2018),

11
Carolina Production Maintenance, Inc. v. United States Fidelity & Guaranty Co.green
scctapp · 1992 · cited in 1 South Carolina opinions naming this issue, 2013–2013
2 sentences

2013Co., 310 S.C. 32 , 37- 38, 425 S.E.2d 39, 42-43 (Ct. App. 1992) (holding the insurance agent was not negligent in obtaining a business liability policy for the insured company that contained a "care, custody, or control" exclusion because the exclusion was standard, so the agent could not have obtained policy without it, and the agent did not assume any special duty to advise the insured). 3.

2013Co., 310 S.C. 32 , 37- 38, 425 S.E.2d 39, 42-43 (Ct. App. 1992) (holding the insurance agent was not negligent in obtaining a business liability policy for the insured company that contained a "care, custody, or control" exclusion because the exclusion was standard, so the agent could not have obtained policy without it, and the agent did not assume any special duty to advise the insured). 3.

11
United States v. Clarence Gene Leggett, Alias Clarence Eugene Leggett Alias Gene Leggettgreen
ca4 · 1964 · cited in 1 South Carolina opinions naming this issue, 2010–2010
1 sentence

2010The question of the exclusion of the testimony of the offending witness, however, depends upon the particular circumstances and lies within the sound discretion of the trial court.” U.S. v. Leggett, 326 F.2d 613, 613-14 (4th Cir.1964).

11
Delaware v. Van Arsdallgreen
scotus · 1986 · cited in 1 South Carolina opinions naming this issue, 2008–2008
2 sentences

2008However, “[w]hile the Constitution thus prohibits the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends that they are asserted to promote, well-established rules of evidence permit trial judges to exclude evidence if its probative value is outweighed by certain other factors such as unfair prejudice, confusion of the issues, or potential to mislead the jury.” Holmes, 547 U.S. at 326 , 126 S.Ct. 1727 ; see Crane v. Kentucky, 476 U.S. 683, 689-690 , 106 S.Ct. 2142 , 90 L.Ed.2d 636 (The Constitution grants trial judges ruling on th

2008However, “[w]hile the Constitution thus prohibits the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends that they are asserted to promote, well-established rules of evidence permit trial judges to exclude evidence if its probative value is outweighed by certain other factors such as unfair prejudice, confusion of the issues, or potential to mislead the jury.” Holmes, 547 U.S. at 326 , 126 S.Ct. 1727 ; see Crane v. Kentucky, 476 U.S. 683, 689-690 , 106 S.Ct. 2142 , 90 L.Ed.2d 636 (The Constitution grants trial judges ruling on th

11
Marshall v. Lonbergergreen
scotus · 1983 · cited in 1 South Carolina opinions naming this issue, 2008–2008
2 sentences

2008However, “[w]hile the Constitution thus prohibits the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends that they are asserted to promote, well-established rules of evidence permit trial judges to exclude evidence if its probative value is outweighed by certain other factors such as unfair prejudice, confusion of the issues, or potential to mislead the jury.” Holmes, 547 U.S. at 326 , 126 S.Ct. 1727 ; see Crane v. Kentucky, 476 U.S. 683, 689-690 , 106 S.Ct. 2142 , 90 L.Ed.2d 636 (The Constitution grants trial judges ruling on th

2008However, “[w]hile the Constitution thus prohibits the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends that they are asserted to promote, well-established rules of evidence permit trial judges to exclude evidence if its probative value is outweighed by certain other factors such as unfair prejudice, confusion of the issues, or potential to mislead the jury.” Holmes, 547 U.S. at 326 , 126 S.Ct. 1727 ; see Crane v. Kentucky, 476 U.S. 683, 689-690 , 106 S.Ct. 2142 , 90 L.Ed.2d 636 (The Constitution grants trial judges ruling on th

11
Crane v. Kentuckygreen
scotus · 1986 · cited in 1 South Carolina opinions naming this issue, 2008–2008
2 sentences

2008However, “[w]hile the Constitution thus prohibits the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends that they are asserted to promote, well-established rules of evidence permit trial judges to exclude evidence if its probative value is outweighed by certain other factors such as unfair prejudice, confusion of the issues, or potential to mislead the jury.” Holmes, 547 U.S. at 326 , 126 S.Ct. 1727 ; see Crane v. Kentucky, 476 U.S. 683, 689-690 , 106 S.Ct. 2142 , 90 L.Ed.2d 636 (The Constitution grants trial judges ruling on th

2008However, “[w]hile the Constitution thus prohibits the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends that they are asserted to promote, well-established rules of evidence permit trial judges to exclude evidence if its probative value is outweighed by certain other factors such as unfair prejudice, confusion of the issues, or potential to mislead the jury.” Holmes, 547 U.S. at 326 , 126 S.Ct. 1727 ; see Crane v. Kentucky, 476 U.S. 683, 689-690 , 106 S.Ct. 2142 , 90 L.Ed.2d 636 (The Constitution grants trial judges ruling on th

11
Vaught v. A.O. Hardee & Sons, Inc.green
sc · 2005 · cited in 1 South Carolina opinions naming this issue, 2007–2007
2 sentences

2007Hardee & Sons, Inc., 366 S.C. 475, 480 , 623 S.E.2d 373, 375 (2005).

2007Hardee & Sons, Inc., 366 S.C. 475, 480 , 623 S.E.2d 373, 375 (2005).

11
City of Manchester v. General Reinsurance Corp.green
nh · 1986 · cited in 1 South Carolina opinions naming this issue, 1991–1991
1 sentence

1991See City of Manchester v. General Reinsurance Carp., 127 N.H. 806 , 508 A. (2d) 1063 (1986).

11
Young v. Life Casualty Insurance Co.green
· 1944 · cited in 1 South Carolina opinions naming this issue, 1961–1961
1 sentence

1961Rep. 115 . ‘Whatever be the nature of the violation of law urged by the insurance company, ’ as avoiding the policy, it seems to be clear that a relation must exist between the violation of law and the death, to make good the defense; that the death must have been caused by the violation of law to exempt the company from liability.’ ” Thereafter in Young v. Life & Casualty Insurance Company of Tennessee, 204 S. C. 386, 29 S. E. (2d) 482, 484, 485 , this Court had under consideration an exclusion clause relating to the insured being “enrolled” in military service and used the following language

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Nevada v. Jackson green
scotus · 2013
2 sentences

2017Nevada v. Jackson, 569 U.S. 505 , 133 S.Ct. 1990 , 1992, 186 L.Ed.2d 62 (2013).

2017Nevada v. Jackson, 569 U.S. 505 , 133 S.Ct. 1990 , 1992, 186 L.Ed.2d 62 (2013).

12017–2017
Nevada v. Jackson green
scotus · 2013
1 sentence

2017Nevada v. Jackson, 569 U.S. 505 , 133 S.Ct. 1990 , 1992, 186 L.Ed.2d 62 (2013).

12017–2017
Spencer v. Texas green
scotus · 1966
2 sentences

2008However, “[w]hile the Constitution thus prohibits the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends that they are asserted to promote, well-established rules of evidence permit trial judges to exclude evidence if its probative value is outweighed by certain other factors such as unfair prejudice, confusion of the issues, or potential to mislead the jury.” Holmes, 547 U.S. at 326 , 126 S.Ct. 1727 ; see Crane v. Kentucky, 476 U.S. 683, 689-690 , 106 S.Ct. 2142 , 90 L.Ed.2d 636 (The Constitution grants trial judges ruling on th

2008However, “[w]hile the Constitution thus prohibits the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends that they are asserted to promote, well-established rules of evidence permit trial judges to exclude evidence if its probative value is outweighed by certain other factors such as unfair prejudice, confusion of the issues, or potential to mislead the jury.” Holmes, 547 U.S. at 326 , 126 S.Ct. 1727 ; see Crane v. Kentucky, 476 U.S. 683, 689-690 , 106 S.Ct. 2142 , 90 L.Ed.2d 636 (The Constitution grants trial judges ruling on th

12008–2008
Barnette Ex Rel. Barnette v. Adams Bros. Logging green
sc · 2003
2 sentences

2008Id. at 592 , 586 S.E.2d at 574 .

2008Id. at 592 , 586 S.E.2d at 574 .

12008–2008
Gray v. Mississippi green
scotus · 1987
2 sentences

1994The Petitioner then points to Gray v. Mississippi, 481 U.S. 648 , 107 S.Ct. 2045 , 95 L.Ed. (2d) 622 (1987) (inappropriate exclusion of a potential juror can never be harmless error) for the proposition that the exclusion mandates reversal.

1994The Petitioner then points to Gray v. Mississippi, 481 U.S. 648 , 107 S.Ct. 2045 , 95 L.Ed. (2d) 622 (1987) (inappropriate exclusion of a potential juror can never be harmless error) for the proposition that the exclusion mandates reversal.

11994–1994
Pitts v. Glens Falls Indemnity Co. green
sc · 1952
1 sentence

1966In all candor, we must agree that the decision of this court in Pitts v. Glens Falls Indemnity Co., 222 S. C. 133, 72 S. E. (2d) 174 , tends to support appellants’ view that the policy is ambiguous as to the exclusion of the claim for the expense of funeral services.

11966–1966
Tomlyanovich v. Tomlyanovich green
minn · 1953
2 sentences

1962Tomlyanovich v. Tomlyanovich, 239 Minn. 250 , 58 N. W. (2d) 855 , 50 A. L.

1962Tomlyanovich v. Tomlyanovich, 239 Minn. 250 , 58 N. W. (2d) 855 , 50 A. L.

11962–1962
Bridgewater v. General Exchange Insurance green
moctapp · 1939
2 sentences

1955Corp., 234 Mo. App. 335 , 131 S. W. (2d) 220 , and Zancker v. Northern Ins.

1955Corp., 234 Mo. App. 335 , 131 S. W. (2d) 220 , and Zancker v. Northern Ins.

11955–1955
Gillis v. Atlantic Coast Line R. Co. neutral
sc · 1934
1 sentence

1942Co., 175 S. C., 223, 179 S. E., 62 , several rules were introduced in evidence by the plaintiff, which referred to the duty of the engineer in movement of trains.

11942–1942
Roadbuilders' Hauling Co. v. Constitution Indemnity Co. green
sc · 1932
1 sentence

1938We think we should refer to the cases of Roadbuilders’ Hauling Co. v. Constitution Indemnity Co., 165 S. C., 363, 163 S. E., 837 , and Adderton v. Aetna Casualty & Surety Co., 182 S. C., 465, 189 S. E., 736 , relied upon by respondent.

11938–1938
Adderton v. Aetna Casualty & Surety Co. neutral
sc · 1937
1 sentence

1938We think we should refer to the cases of Roadbuilders’ Hauling Co. v. Constitution Indemnity Co., 165 S. C., 363, 163 S. E., 837 , and Adderton v. Aetna Casualty & Surety Co., 182 S. C., 465, 189 S. E., 736 , relied upon by respondent.

11938–1938
Phoenix Indemnity Co. v. Barrett neutral
tenn · 1934
2 sentences

1937Furthermore, it will be found that in the case cited and apparently relied upon, Phoenix Indemnity Company v. Barrett, 167 Tenn., 116 , 67 S. W. (2d), 135 , the question of causal connection was not referred to or passed upon. *175 If the reasoning of the Court in the McGee case is approved and adhered to — and no good reason has been shown why it should not be — then the additional words in the exclusion clause of the policy before us do not have the effect claimed by the appellant; for, stating again the holding of the Court, it was not the intention of the parties to the insurance contract

1937Furthermore, it will be found that in the case cited and apparently relied upon, Phoenix Indemnity Company v. Barrett, 167 Tenn., 116 , 67 S. W. (2d), 135 , the question of causal connection was not referred to or passed upon. *175 If the reasoning of the Court in the McGee case is approved and adhered to — and no good reason has been shown why it should not be — then the additional words in the exclusion clause of the policy before us do not have the effect claimed by the appellant; for, stating again the holding of the Court, it was not the intention of the parties to the insurance contract

11937–1937

Where else courts name it

CA 175 (1939–2026) TX 96 (1952–2025) IL 88 (1901–2024) LA 86 (1925–2017) NY 78 (1898–2024) PA 62 (1934–2024) MO 59 (1933–2025) NJ 50 (1957–2024) FL 49 (1955–2024) CT 48 (1894–2024) WI 45 (1937–2026) MI 36 (1949–2024) WA 36 (1931–2025) MD 32 (1939–2020) OH 32 (1924–2026) MS 31 (1954–2022) GA 31 (1910–2026) OR 30 (1943–2026) MA 27 (1954–2026) IN 26 (1976–2020) MN 26 (1920–2018) TN 25 (1917–2022) CO 24 (1942–2013) IA 23 (1912–2024) NM 23 (1960–2025) SC 22 (1937–2025) NC 21 (1951–2023) KS 19 (1962–2016) UT 16 (1937–2024) VA 16 (1935–2025) AZ 15 (1970–2023) AL 15 (1903–2015) OK 14 (1952–2011) AR 14 (1945–2025) DC 12 (1986–2026) WY 12 (1971–2025) NH 12 (1963–2023) MT 12 (1967–2023) WV 12 (1982–2023) KY 11 (1958–2025) ID 9 (1981–2014) DE 8 (1962–2024) HI 8 (1992–2021) NV 8 (1952–2014) RI 7 (1958–2007) ND 7 (1965–2020) AK 7 (1981–2007) NE 6 (1943–2015) ME 6 (1952–2019) VT 5 (1894–2012) PR 5 (1949–2023) SD 4 (1963–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check