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: South Carolina Appellate Law BlogPreserving error at trial: Counsel's reference to character evidence not enough for Court of Appeals
By Bill Watkins, Esq.
At trial defense counsel clearly objected to the evidence on the basis that any probative value was outweighed by the prejudicial effect. Counsel never mentioned either Rule 404 or the Nelson case. While he did quickly reference character when he argued that the State was attempting "to evoke strong emotion against somebody whose character may or may not be into evidence," the Court of Appeals averred that this argument "appears to have been made in conjunction with his assertion that the statement regarding his sexual orientation was inadmissible."
This is pretty nit-picking. Counsel objected and did reference character evidence in his objection. Certainly the law of SC is that a party need not use the exact name of a legal doctrine in order to preserve it, but it must be clear that the argument has been presented on that ground." Seems like the defendant should have been give the benefit of the doubt on this one.
Full post as published by South Carolina Appellate Law Blog on May 19, 2008 (boomark / email).
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