Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Cases
Supreme Court of South Carolina· 2/17/2009

State v. Stokes

Citations

  • 673 S.E.2d 434
  • 381 S.C. 390
  • 2009 S.C. LEXIS 35

How courts have described this case

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

  • holding the evidence that the defendant committed the bad act must be clear and convincing when the defendant was not convicted of the other crime
  • holding as to cross-examination specifically, the Confrontation Clause guarantees only an opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish
  • finding that evidence of a gun in another crime was probative of identity under Rule 404(b), SCRE, and while it was prejudicial, it was not “unduly prejudicial,” as the weapon from other crime linked defendant to gun in instant case
  • finding evidence of a subsequent shooting to establish defendant’s identity was admissible under 404(b), SCRE, as the evidence from the shooting was logically related to the instant case
  • rejecting claim that uncharged misconduct evidence involving same gun, admitted to prove identity, was unduly prejudicial as offered to prove that defendant \`might be a violent person who may possess a gun'\
  • stating the defendant's prior bad acts must be shown by clear and convincing evidence when the defendant was not convicted of the prior acts

Source: CourtListener parenthetical corpus (CC0).

Judges: Waller, Toal, Pleicones, Beatty, Moore

Read full opinion on CourtListener

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

Cites

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

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.