matter asserted unless exception (South Carolina) · Go Syfert
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matter asserted unless exception in South Carolina

16 South Carolina opinions name it 2 courts 1991–2019 0 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 (10)

CaseFollowedCited
Dawkins v. Stategreen
sc · 2001 · cited in 5 South Carolina opinions naming this issue, 2002–2013
2 sentences

2013We agree. “ ‘The rule against hearsay prohibits the admission of evidence of an out-of-court statement to prove the truth of the matter asserted unless an exception to the rule applies.’ ” Watson v. State, 370 S.C. 68, 71 , 634 S.E.2d 642, 644 (2006) (quoting Dawkins, 346 S.C. at 156 , 551 S.E.2d at 262 ).

2013We agree. “ ‘The rule against hearsay prohibits the admission of evidence of an out-of-court statement to prove the truth of the matter asserted unless an exception to the rule applies.’ ” Watson v. State, 370 S.C. 68, 71 , 634 S.E.2d 642, 644 (2006) (quoting Dawkins, 346 S.C. at 156 , 551 S.E.2d at 262 ).

25
Huggler v. Stategreen
sc · 2004 · cited in 2 South Carolina opinions naming this issue, 2005–2005
2 sentences

2005See Huggler v. State, 360 S.C. 627 , 602 S.E.2d 753 (2004); State v. Weaver, 361 S.C. 73 , 602 S.E.2d 786 (Ct.App.2004); see also Rule 802, SCRE (“Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court of this State or by statute.”); Rule 803, SCRE (setting out exceptions to the hearsay rule).

2005See Huggler v. State, 360 S.C. 627 , 602 S.E.2d 753 (2004); State v. Weaver, 361 S.C. 73 , 602 S.E.2d 786 (Ct.App.2004); see also Rule 802, SCRE (“Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court of this State or by statute.”); Rule 803, SCRE (setting out exceptions to the hearsay rule).

22
Jolly v. Stategreen
sc · 1994 · cited in 5 South Carolina opinions naming this issue, 2001–2006
2 sentences

2006"The rule against hearsay prohibits the admission of evidence of an out-of-court statement to prove the truth of the matter asserted unless an exception to the rule applies." Dawkins v. State, 346 S.C. 151, 156 , 551 S.E.2d 260, 262 (2001) (citing Jolly v. State, 314 S.C. 17, 20 , 443 S.E.2d 566, 568 (1994)).

2006"The rule against hearsay prohibits the admission of evidence of an out-of-court statement to prove the truth of the matter asserted unless an exception to the rule applies." Dawkins v. State, 346 S.C. 151, 156 , 551 S.E.2d 260, 262 (2001) (citing Jolly v. State, 314 S.C. 17, 20 , 443 S.E.2d 566, 568 (1994)).

15
Simpkins v. Stategreen
sc · 1991 · cited in 4 South Carolina opinions naming this issue, 1994–2006
2 sentences

2004“The rule against hearsay prohibits the admission of evidence of an out-of-court statement to prove the truth of the matter asserted unless an exception to the rule applies.” Simpkins v. State, 303 S.C. 364, 367 , 401 S.E.2d 142, 143 (1991); Rule 803, SCRE.

2004“The rule against hearsay prohibits the admission of evidence of an out-of-court statement to prove the truth of the matter asserted unless an exception to the rule applies.” Simpkins v. State, 303 S.C. 364, 367 , 401 S.E.2d 142, 143 (1991); Rule 803, SCRE.

14
State v. Pricegreen
sc · 2006 · cited in 2 South Carolina opinions naming this issue, 2018–2019
2 sentences

2019We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Gaster, 349 S.C. 545, 557 , 564 S.E.2d 87, 93 (2002) ("The admission of evidence is within the discretion of the trial court and will not be reversed absent an abuse of discretion."); State v. Price, 368 S.C. 494, 499 , 629 S.E.2d 363, 366 (2006) ("The rule against hearsay prohibits the admission of evidence of an out of court statement to prove the truth of the matter asserted unless an exception to the rule applies."); Rule 803(1), SCRE (providing a present sense impression exception to the rule against hearsay

2019We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Gaster, 349 S.C. 545, 557 , 564 S.E.2d 87, 93 (2002) ("The admission of evidence is within the discretion of the trial court and will not be reversed absent an abuse of discretion."); State v. Price, 368 S.C. 494, 499 , 629 S.E.2d 363, 366 (2006) ("The rule against hearsay prohibits the admission of evidence of an out of court statement to prove the truth of the matter asserted unless an exception to the rule applies."); Rule 803(1), SCRE (providing a present sense impression exception to the rule against hearsay

12
State v. Lewisgreen
sc · 1987 · cited in 2 South Carolina opinions naming this issue, 1991–2011
2 sentences

2011See Rule 802, SCRE; State v. Lewis, 293 S.C. 107, 110 , 359 S.E.2d 66, 67 (1987).

2011See Rule 802, SCRE; State v. Lewis, 293 S.C. 107, 110 , 359 S.E.2d 66, 67 (1987).

12
State v. Vickgreen
scctapp · 2009 · cited in 1 South Carolina opinions naming this issue, 2019–2019
2 sentences

2019We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Gaster, 349 S.C. 545, 557 , 564 S.E.2d 87, 93 (2002) ("The admission of evidence is within the discretion of the trial court and will not be reversed absent an abuse of discretion."); State v. Price, 368 S.C. 494, 499 , 629 S.E.2d 363, 366 (2006) ("The rule against hearsay prohibits the admission of evidence of an out of court statement to prove the truth of the matter asserted unless an exception to the rule applies."); Rule 803(1), SCRE (providing a present sense impression exception to the rule against hearsay

2019We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Gaster, 349 S.C. 545, 557 , 564 S.E.2d 87, 93 (2002) ("The admission of evidence is within the discretion of the trial court and will not be reversed absent an abuse of discretion."); State v. Price, 368 S.C. 494, 499 , 629 S.E.2d 363, 366 (2006) ("The rule against hearsay prohibits the admission of evidence of an out of court statement to prove the truth of the matter asserted unless an exception to the rule applies."); Rule 803(1), SCRE (providing a present sense impression exception to the rule against hearsay

11
State v. Gastergreen
sc · 2002 · cited in 1 South Carolina opinions naming this issue, 2019–2019
2 sentences

2019We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Gaster, 349 S.C. 545, 557 , 564 S.E.2d 87, 93 (2002) ("The admission of evidence is within the discretion of the trial court and will not be reversed absent an abuse of discretion."); State v. Price, 368 S.C. 494, 499 , 629 S.E.2d 363, 366 (2006) ("The rule against hearsay prohibits the admission of evidence of an out of court statement to prove the truth of the matter asserted unless an exception to the rule applies."); Rule 803(1), SCRE (providing a present sense impression exception to the rule against hearsay

2019We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Gaster, 349 S.C. 545, 557 , 564 S.E.2d 87, 93 (2002) ("The admission of evidence is within the discretion of the trial court and will not be reversed absent an abuse of discretion."); State v. Price, 368 S.C. 494, 499 , 629 S.E.2d 363, 366 (2006) ("The rule against hearsay prohibits the admission of evidence of an out of court statement to prove the truth of the matter asserted unless an exception to the rule applies."); Rule 803(1), SCRE (providing a present sense impression exception to the rule against hearsay

11
State v. Parvingreen
scctapp · 2014 · cited in 1 South Carolina opinions naming this issue, 2019–2019
2 sentences

2019We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Gaster, 349 S.C. 545, 557 , 564 S.E.2d 87, 93 (2002) ("The admission of evidence is within the discretion of the trial court and will not be reversed absent an abuse of discretion."); State v. Price, 368 S.C. 494, 499 , 629 S.E.2d 363, 366 (2006) ("The rule against hearsay prohibits the admission of evidence of an out of court statement to prove the truth of the matter asserted unless an exception to the rule applies."); Rule 803(1), SCRE (providing a present sense impression exception to the rule against hearsay

2019We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Gaster, 349 S.C. 545, 557 , 564 S.E.2d 87, 93 (2002) ("The admission of evidence is within the discretion of the trial court and will not be reversed absent an abuse of discretion."); State v. Price, 368 S.C. 494, 499 , 629 S.E.2d 363, 366 (2006) ("The rule against hearsay prohibits the admission of evidence of an out of court statement to prove the truth of the matter asserted unless an exception to the rule applies."); Rule 803(1), SCRE (providing a present sense impression exception to the rule against hearsay

11
Watson v. Stategreen
sc · 2006 · cited in 1 South Carolina opinions naming this issue, 2013–2013
2 sentences

2013We agree. “ ‘The rule against hearsay prohibits the admission of evidence of an out-of-court statement to prove the truth of the matter asserted unless an exception to the rule applies.’ ” Watson v. State, 370 S.C. 68, 71 , 634 S.E.2d 642, 644 (2006) (quoting Dawkins, 346 S.C. at 156 , 551 S.E.2d at 262 ).

2013We agree. “ ‘The rule against hearsay prohibits the admission of evidence of an out-of-court statement to prove the truth of the matter asserted unless an exception to the rule applies.’ ” Watson v. State, 370 S.C. 68, 71 , 634 S.E.2d 642, 644 (2006) (quoting Dawkins, 346 S.C. at 156 , 551 S.E.2d at 262 ).

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 (2)

CaseCitedYears
State v. Weaver green
scctapp · 2004
2 sentences

2005See Huggler v. State, 360 S.C. 627 , 602 S.E.2d 753 (2004); State v. Weaver, 361 S.C. 73 , 602 S.E.2d 786 (Ct.App.2004); see also Rule 802, SCRE (“Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court of this State or by statute.”); Rule 803, SCRE (setting out exceptions to the hearsay rule).

2005See Huggler v. State, 360 S.C. 627 , 602 S.E.2d 753 (2004); State v. Weaver, 361 S.C. 73 , 602 S.E.2d 786 (Ct.App.2004); see also Rule 802, SCRE (“Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court of this State or by statute.”); Rule 803, SCRE (setting out exceptions to the hearsay rule).

22005–2005
Smith v. State green
sc · 2010
2 sentences

2013However, [ i]n a CSC case, the testimony of a witness regarding the Victim’s out-of-court statement is not hearsay when: “The declarant testifies at the trial ... and is subject to cross-examination concerning the statement, and the statement is ... consistent with the declarant’s testimony in a criminal sexual conduct case or attempted criminal sexual conduct case where the declarant is the alleged Victim and the statement is limited to the time and place of the incident.” Smith, 386 S.C. at 566 , 689 S.E.2d at 631 -32 (quoting Rule 801(d)(1)(D), SCRE).

2013However, [ i]n a CSC case, the testimony of a witness regarding the Victim’s out-of-court statement is not hearsay when: “The declarant testifies at the trial ... and is subject to cross-examination concerning the statement, and the statement is ... consistent with the declarant’s testimony in a criminal sexual conduct case or attempted criminal sexual conduct case where the declarant is the alleged Victim and the statement is limited to the time and place of the incident.” Smith, 386 S.C. at 566 , 689 S.E.2d at 631 -32 (quoting Rule 801(d)(1)(D), SCRE).

12013–2013

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