State v. Humphries8/6/2001
the acts must have established such a connection between them as would logically exclude or tend to exclude the possibility that the present crime could have been committed by another person. State v. Rivers, 273 S.C. 75, 254 S.E.2d 299 (1979).
The question is whether the particular item of evidence tends to show the existence, the nature, or the content of the plan. State v. Anderson, 253 S.C. 168, 169 S.E.2d 706 (1969). Much of the showing is evidence of the conduct of the defendant, and the specific question becomes whether the particular conduct circumstantially tends to prove the design or plan. Id. at 181-82, 169 S.E.2d at 712. To be admitted, evidence of other crimes must be logically relevant to the crime charged. See Cutro, 332 S.C. at 103, 504 S.E.2d at 325. See also State v. Braxton, 343 S.C. 629, 541 S.E.2d 833 (2001)(record must support a logical relevance between other bad act and crime for which defendant is accused); State v. Smith, 337 S.C. 27, 522 S.E.2d 598 (1999)(other bad acts evidence must be logically relevant to particular purpose or purposes for which it is sought to be introduced).
Evidence is relevant if it "ha any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." Rule 401, SCRE. All relevant evidence is admissible, unless constitutionally, statutorily, or otherwise provided. Rule 402, SCRE. However, relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. Rule 403, SCRE.
The trial judge must balance the probative value of the evidence of other crimes or bad acts against its prejudicial effect. State v. Parker, 315 S.C. 230, 433 S.E.2d 831 (1993). Where the evidence is of such a close similarity to the charged offense that the other bad act enhances the probative value of the evidence so as to overrule the prejudicial effect, it is admissible. See State v. Raffaldt, 318 S.C. 110, 456 S.E.2d 390 (1995). Even if the evidence is clear and convincing and falls within a Lyle exception, the judge must exclude it if its probative value is substantially outweighed by the danger of unfair prejudice to the defendant. State v. King, 334 S.C. 504, 514 S.E.2d 578 (1999); State v. Adams, 322 S.C. 114, 470 S.E.2d 366 (1996); Rule 403, SCRE.
In State v. Caskey, 273 S.C. 325, 256 S.E.2d 737 (1979), our Supreme Court addressed the common scheme or plan exception to Lyle. William Caskey, a Lexington attorney, and Luther Pender, a former Lexington County magistrate, were indicted for obstruction of justice and conspiracy to obstruct justice. The charges grew out of a DUI second charge against Virgil Kilgoar which was allegedly dismissed after Kilgoar paid Caskey $800. At trial, the State presented evidence involving Kilgoar's stepson, who was arrested for DUI on a separate occasion and whose charges were allegedly dropped after the payment of money to Caskey.
On appeal, Caskey asserted the trial court erred in admitting evidence of his alleged wrongdoing in an independent case. The Court held:
While evidence of the commission by an accused of another crime is generally inadmissible, one recognized exception to this rule is when the evidence is admitted to show a common scheme.
Recently, in State v. Rivers, [273 S.C. 75], 254 S.E.2d 299 [1979)], this Court quoted approvingly the following language from State v. Lyle, 125 S.C. 406, 417, 118 S.E. 803 (1923):
"Whether the requisite degree of relevancy exists is a judicial question to be resolved in the light of the consideration that the inevitable tendency of such evidence is
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