 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Foster6/12/2003
n abuse of discretion occurs when the trial court's ruling is based on an error of law. State v. McDonald, 343 S.C. 319, 540 S.E.2d 464 (2000).
The issue in the instant case is governed by South Carolina's Rules of Evidence, adopted in 1995. Pursuant to Rule 801, prior consistent statements of a witness are not inadmissible hearsay if:
the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement;
the statement is consistent with the declarant's testimony;
the statement is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive; and
the statement was made before the alleged fabrication, or before the alleged improper influence or motive arose.
Rule 801(d)(1)(B), SCRE; accord Saltz, supra.
In Saltz, this Court explained that Rule 801(d)(1)(B) changed the common law in South Carolina where proof of a prior consistent statement had been admissible to rehabilitate a witness who had been impeached with a prior inconsistent statement. Saltz, 346 S.C. at 124-25, 551 S.E.2d at 245-46; see also State v. Fulton, 333 S.C. 359, 509 S.E.2d 819 (Ct. App. 1998) (providing extensive discussion regarding law on prior consistent statements, both before and after the adoption of the SCRE). In contrast to South Carolina's pre-rules common law, Rule 801(d)(1)(B) now "makes a prior consistent statement admissible as substantive evidence." Fulton, 333 S.C. at 369, 509 S.E.2d at 824 (emphasis added). Therefore, evidence of a prior consistent statement is only permitted when the elements of Rule 801(d)(1)(B) are met. Saltz, 346 S.C. at 124, 551 S.E.2d at 245. Put simply, "'a prior consistent statement offered for rehabilitation is either admissible under Rule 801(d)(1)(B) or it is not admissible at all.'" Fulton, 333 S.C. at 374, 509 S.E.2d at 826 (citation omitted).
The situation here is very similar to the facts of Saltz. In that case, a State witness, Sydney Johnston, testified she had heard the defendant say he "killed" the victim. On cross-examination, defense counsel posed questions to Sydney about whether she had originally stated the defendant had said "I did it" and he had been saying that sarcastically. During the testimony of another witness, Jan Kopel, the State was permitted to admit testimony from Kopel of a prior consistent statement made by Sydney where Sydney stated the defendant had said he "killed" the victim. This Court held that the questioning of a witness about a prior inconsistent statement was insufficient to invoke Rule 801(d)(1)(B):
The plain language of Rule 801(d)(1)(B) only permits evidence of a prior consistent statement when the witness has been charged with recent fabrication or improper motive or influence. Although questioning a witness about a prior inconsistent statement does call the witness's credibility into question, that is not the same as charging the witness with "recent fabrication" or "improper influence or motive." à Appellant questioned the accuracy of the witness's memory; he did not charge her with recent fabrication or improper influence or motive.
Saltz, 346 S.C. at 124, 551 S.E.2d at 245 (emphasis in original, citation omitted).
Likewise, in the instant case, Michelle's statement was inadmissible because there was no express or implied charge against Michelle of recent fabrication or improper influence or motive. Foster's questions did not rise to the level of charging fabrication, but instead amounted to calling her credibility into question, i.e., simple impeachment. Thus, because the requirements of Rule 801(d)(1)(B) w
Page 1 2 3 4 5 6 South Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|