Legal Opinion · Dissent

State v. Prather

Court of Appeals of South Carolina

Decided September 6, 2017No. Appellate Case No. 2014-001500; Opinion No. 5514Published

1DissentWilliams, J.

WILLIAMS, J.:

I respectfully dissent and I would affirm the circuit court.

I. Reply Testimony

In my view, the circuit court did not abuse its discretion when it admitted the State's reply testimony. Accordingly, I would affirm the circuit court as to this issue.

Reply testimony is inadmissible to complete the plaintiff's case-in-chief and should be limited to rebutting matters the defense raised. State v. Huckabee , 388 S.C. 232, 242, 694 S.E.2d 781, 786 (Ct. App. 2010). "The admission of reply testimony is a matter within the sound discretion of the [circuit court]." State v. Stewart , 283 S.C.…

2Cases cited21 opinions

  1. Nix v. WilliamsSupreme Court of the United States · 1984
  2. Richardson v. MarshSupreme Court of the United States · 1987
  3. Wilder Corp. v. WilkeSupreme Court of South Carolina · 1998
  4. State v. DunbarSupreme Court of South Carolina · 2003
  5. State v. GasterSupreme Court of South Carolina · 2002

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