Supreme Court of South Carolina· 10/27/1997

State v. Hughes

Citations

493 S.E.2d 821
328 S.C. 146
1997 S.C. LEXIS 201

How courts have described this case

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

discussing instances in which a witness is presented solely for the purpose of invoking the Fifth Amendment in front of the jury and referencing “general rule that no adverse inference may be drawn from witness’ assertion of the privilege”
witness may not be called solely for the sake of having witness invoke privilege against self-incrimination, for the purpose of permitting jury to infer wrongdoing from that assertion
\It is desirable the jury not know that a witness has invoked the privilege against self-incrimination since neither party is entitled to draw any inference from such invocation.\
refusing to apply new rule overruling precedent to appellant’s detriment
refusing to apply new rule overruling precedent to appellant's detriment
\[N]either the [S]tate nor the defendant should be allowed to call witnesses who either side knows will invoke the Fifth Amendment in front of the jury and then be subject to inferences in a form not subject to cross-examination.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Waller, Toal, Moore, Burnett, Finney

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Cited by

14 cases in this archive cite this case.

Cites

33 cases in this archive are cited by this case; the 20 most cited are listed.

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