Burgess v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding it is improper “pitting” to ask a witness “to comment on the truthfulness ... of an adverse witness”
• holding the petitioner was not prejudiced by improper witness pitting in light of the other evidence presented in the case
• allowing admission of clothes evidence despite defects in chain of custody, especially where there was no forensic evidence related to the clothes
• “No matter how a question is worded, anytime a solicitor asks a defendant to com ment on the truthfulness or explain the testimony of an adverse witness,” the questioning is argumentative and improper
• \[I]mproper pitting constitutes reversible error only if the accused is unfairly prejudiced.\
• cannot ask defendant whether he thinks other witnesses were lying

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• People v. Koper
  Colorado Court of Appeals· 2018-09-20· cited 244×
• State v. Singh
  Supreme Court of Connecticut· 2002-03-26· cited 212×
• United States v. Schmitz
  Eleventh Circuit· 2011-03-04· cited 102×
• Liggett v. People
  Supreme Court of Colorado· 2006-05-15· cited 83×
• State v. McKERLEY
  Court of Appeals of South Carolina· 2012-03-28· cited 36×
• State v. Albino
  Connecticut Appellate Court· 2011-08-23· cited 24×
• Bojilov v. Bojilov
  Court of Appeals of South Carolina· 2018-09-19· cited 18×
• State v. Leutschaft
  Court of Appeals of Minnesota· 2009-01-13· cited 11×
• State v. Barrett
  Court of Appeals of South Carolina· 2016-03-23· cited 10×
• State v. Benning
  Court of Appeals of South Carolina· 1999-12-06· cited 7×
• Kim v. State
  Court of Appeals of Alaska· 2017-02-24· cited 3×

Cites

4 cases in this archive are cited by this case.

• Johnson v. State
  Supreme Court of South Carolina· 1997-01-27· cited 82×
• State v. Bryant
  Supreme Court of South Carolina· 1994-07-18· cited 23×
• State v. Sapps
  Supreme Court of South Carolina· 1988-06-06· cited 14×
• State v. Wells
  Court of Appeals of South Carolina· 1992-12-29· cited 7×