Supreme Court of South Carolina· 11/20/2006
State v. Davis
Citations
- 638 S.E.2d 57
- 371 S.C. 170
- 2006 S.C. LEXIS 373
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding an out-of-court statement fell outside the scope of the Confrontation Clause because it was \made outside of an investigatory or judicial context\
- holding witness testimony relaying a co-conspirator's account implicating the defendant did not violate the defendant's confrontation rights because the account \clearly was made outside of an investigatory or judicial context\ and therefore was not testimonial
- holding the State did not meet its burden of establishing a foundation for the excited utterance when no evidence was elicited by the State that the declarant was \still under the stress or excitement of [the event]\
- stating the proponent of evidence has the burden of establishing that a record falls within a hearsay exception
- noting the declarant’s statement about a shooting was not admissible as a present sense impression because there was no evidence the declarant saw the shooting
- finding the State elicited no evidence the declarant “was still under the stress or excitement of [the victim’s] shooting,” and “[therefore, the State did not meet its burden of establishing a foundation for the excited utterance”
Source: CourtListener parenthetical corpus (CC0).
Judges: Waller, Toal, Moore, Burnett, Pleicones
Read full opinion on CourtListenerCited by
12 cases in this archive cite this case.
- State v. LadnerSupreme Court of South Carolina· 2007-04-23· cited 36×
- State v. GracelySupreme Court of South Carolina· 2012-08-29· cited 28×
- Deep Keel, LLC v. Atlantic Private Equity Group, LLCCourt of Appeals of South Carolina· 2015-06-17· cited 25×
- State v. WashingtonSupreme Court of South Carolina· 2008-08-04· cited 19×
- State v. JenkinsSupreme Court of South Carolina· 2015-07-01· cited 17×
- State v. HendricksCourt of Appeals of South Carolina· 2014-04-23· cited 13×
- Collins v. StateCourt of Appeals of Georgia· 1985-10-30· cited 12×
- State v. MitchellCourt of Appeals of South Carolina· 2008-05-22· cited 8×
- State v. JohnsonCourt of Appeals of South Carolina· 2018-01-30· cited 8×
- State v. PratherCourt of Appeals of South Carolina· 2017-09-06· cited 1×
- State v. SledgeCourt of Appeals of South Carolina· 2019-08-07
- State v. HeathCourt of Appeals of South Carolina· 2021-06-02
Cites
10 cases in this archive are cited by this case.
- Crawford v. WashingtonSupreme Court· 2004-03-08· cited 14,756×
- Ohio v. RobertsSupreme Court· 1980-06-25· cited 5,425×
- State v. MitchellSupreme Court of South Carolina· 1985-10-15· cited 141×
- Jarvis v. CommonwealthKentucky Supreme Court· 1998-01-22· cited 53×
- State v. DennisSupreme Court of South Carolina· 1999-11-22· cited 46×
- State v. HillSupreme Court of South Carolina· 1998-06-08· cited 40×
- State v. GrahamSupreme Court of South Carolina· 1994-06-06· cited 39×
- State v. DavisCourt of Appeals of South Carolina· 2005-03-28· cited 24×
- Mariano v. StateDistrict Court of Appeal of Florida· 2006-05-31· cited 20×
- State v. KempMissouri Court of Appeals· 1996-04-02· cited 6×
Sourced from CourtListener / Free Law Project (CC0).
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