PreTrial Motions and Hearings Regarding Evidence Admissibility South Carolina

PreTrial Motions and Hearings Regarding Evidence Admissibility South Carolina

Representing Victims of Sexual Abuse in Court South Carolina

PreTrial Motions and Hearings Regarding Evidence Admissibility in South Carolina involve the court analyzing the probative value of evidence to be used in a criminal trial. Parties may file motions to suppress or exclude certain evidence, and then there is a hearing where both sides present their arguments for or against its admissibility. The judge will ultimately decide if the evidence is appropriate to be presented at trial. During these proceedings, it is important for parties to provide sufficient justification for any motion they make, as well as prepare sufficient objections to any opposing party's argument. It is also essential that all witnesses provide accurate testimony, as false statements could be detrimental to the outcome of the case. Ultimately, PreTrial Motions and Hearings Regarding Evidence Admissibility in South Carolina help ensure that all parties receive a fair trial with reliable evidence being presented.
South Carolina
Nickname
The Palmetto State
Motto(s)
Dum spiro spero
"While I breathe, I hope"
Animis opibusque parati
"Prepared in mind and resources"
Anthem: Carolina
South Carolina On My Mind
Map of the United States with South Carolina highlighted
CountryUnited States
Before statehoodProvince of South Carolina
Admitted to the UnionMay 23, 1788 (8th)
CapitalColumbia
Largest cityCharleston
Largest county or equivalentGreenville
Largest metro and urban areasGreenville (combined and metro)
Columbia (urban)
Government
 • GovernorHenry McMaster (R)
 • Lieutenant GovernorPamela Evette (R)
LegislatureGeneral Assembly
 • Upper houseSenate
 • Lower houseHouse of Representatives
JudiciarySouth Carolina Supreme Court
U.S. senatorsLindsey Graham (R)
Tim Scott (R)
U.S. House delegation6 Republicans
1 Democrat (list)
Area
 • Total32,020[1] sq mi (82,932 km2)
 • Land30,109 sq mi (77,982 km2)
 • Water1,911 sq mi (4,949 km2)  6%
 • Rank40th
Dimensions
 • Length260 mi (420 km)
 • Width200 mi (320 km)
Elevation
350 ft (110 m)
Highest elevation3,560 ft (1,085 m)
Lowest elevation
(Atlantic Ocean[2])
0 ft (0 m)
Population
 (2022)
 • Total5,282,634[3]
 • Rank23rd
 • Density175.45/sq mi (67.74/km2)
  • Rank19th
 • Median household income
$50,570[4]
 • Income rank
41st
DemonymsSouth Carolinian
Language
 • Official languageEnglish
Time zoneUTC– 05:00 (Eastern)
 • Summer (DST)UTC– 04:00 (EDT)
USPS abbreviation
SC
ISO 3166 codeUS-SC
Traditional abbreviationS.C.
Latitude32°02′ N to 35°13′ N
Longitude78°32′ W to 83°21′ W
Websitesc.gov

Within South Carolina from east to west are three main geographic regions, the Atlantic coastal plain, the Piedmont, and the Blue Ridge Mountains in the northwestern corner of Upstate South Carolina. South Carolina has primarily a humid subtropical climate, with hot, humid summers and mild winters. Areas in the Upstate have a subtropical highland climate. Along South Carolina's eastern coastal plain are many salt marshes and estuaries. South Carolina's southeastern Lowcountry contains portions of the Sea Islands, a chain of barrier islands along the Atlantic Ocean. During the early-to-mid 20th century, the state started to see economic progress as many textile mills and factories were built across the state. The civil rights movement of the mid-20th century helped end segregation and legal discrimination policies within the state. Economic diversification in South Carolina continued to pick up speed during and in the ensuing decades after World War II. In the early 21st century, South Carolina's economy is based on industries such as aerospace, agribusiness, automotive manufacturing, and tourism.[11] South Carolina was named in honor of King Charles I of England, who first formed the English colony, with Carolus being Latin for "Charles".[9] In 1712 the Province of South Carolina was formed. One of the original Thirteen Colonies, South Carolina became a royal colony in 1719. During the American Revolutionary War, South Carolina was the site of major activity among the American colonies, with more than 200 battles and skirmishes fought within the state.[10] South Carolina became the eighth state to ratify the U.S. Constitution on May 23, 1788. A slave state, it was the first state to vote in favor of secession from the Union on December 20, 1860. After the American Civil War, it was readmitted to the Union on July 9, 1868. South Carolina (/ˌkærəˈlnə/ KARR-ə-LIE-nə) is a state in the coastal Southeastern region of the United States. It is bordered to the north by North Carolina, to the southeast by the Atlantic Ocean, and to the southwest by Georgia across the Savannah River. Along with North Carolina, it makes up the Carolinas region of the East Coast. South Carolina is the 40th most extensive and 23rd most populous U.S. state with a recorded population of 5,124,712 according to the 2020 census.[5] In 2019, its GDP was $213.45 billion. South Carolina is composed of 46 counties. The capital is Columbia with a population of 137,300 in 2020;[6] while its largest city is Charleston with a 2020 population of 150,277.[7] The Greenville–Spartanburg-Anderson metropolitan area is the most populous in the state, with a 2020 population estimate of 1,455,892.[8]

About South Carolina


There is evidence of human activities in the area dating to about 50,000 years ago. At the time Europeans arrived, marking the end of the Pre-Columbian era around 1600, there were many separate Native American tribes, the largest being the Cherokee and the Catawba, with the total population being up to 20,000. Up the rivers of the eastern coastal plain lived about a dozen tribes of Siouan background. Along the Savannah River were the Apalachee, Yuchi, and the Yamasee. Further west were the Cherokee, and along the Catawba River, the Catawba. These tribes were village-dwellers, relying on agriculture as their primary food source. The Cherokee lived in wattle and daub houses made with wood and clay, roofed with wood or thatched grass. About a dozen or more separate small tribes summered on the coast harvesting oysters and fish, and cultivating corn, peas and beans. Travelling inland as much as 50 miles (80 km) mostly by canoe, they wintered on the coastal plain, hunting deer and gathering nuts and fruit. The names of these tribes survive in place names like Edisto Island, Kiawah Island, and the Ashepoo River. The Spanish were the first Europeans in the area. From June 24 to July 14, 1521, they explored the land around Winyah Bay. On October 8, 1526, they founded San Miguel de Gualdape, near present-day Georgetown, South Carolina. It was the first European settlement in what is now the contiguous United States. Established with five hundred settlers, it was abandoned eight months later by one hundred and fifty survivors. In 1540, Hernando de Soto explored the region and the main town of Cofitachequi, where he captured the queen of the Maskoki (Muscogee) and the Chelaque (Cherokee) who had welcomed him. In 1562 French Huguenots established a settlement at what is now the Charlesfort-Santa Elena archaeological site on Parris Island. Many of these settlers preferred a natural life far from civilization and the atrocities of the Wars of Religion. The garrison lacked supplies, however, and the soldiers (as in the France Antarctique) soon ran away. The French returned two years later but settled in present-day Florida rather than South Carolina. Sixty years later, in 1629, King of England Charles I established the Province of Carolina, an area covering what is now South and North Carolina, Georgia and Tennessee. In 1663, Charles II granted the land to eight Lords Proprietors in return for their financial and political assistance in restoring him to the throne in 1660. Anthony Ashley Cooper, one of the Lord Proprietors, planned the Grand Model for the Province of Carolina and wrote the Fundamental Constitutions of Carolina, which laid the basis for the future colony. His utopia was inspired by John Locke, an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "Father of Liberalism". The Carolina slave trade, which included both trading and direct raids by colonists,: 109  was the largest among the British colonies in North America.: 65  Between 1670 and 1715, between 24,000 and 51,000 captive Native Americans were exported from South Carolina – more than the number of Africans imported to the colonies of the future United States during the same period.: 237  Additional enslaved Native Americans were exported from South Carolina to other U.S. colonies. The historian Alan Gallay says, "the trade in Indian slaves was at the center of the English empire's development in the American South. The trade in Indian slaves was the most important factor affecting the South in the period 1670 to 1715". In the 1670s, English planters from Barbados established themselves near what is now Charleston. Settlers from all over Europe built rice plantations in the South Carolina Lowcountry, east of the Atlantic Seaboard fall line. Plantation labor was done by African slaves who formed the majority of the population by 1720. Another cash crop was the indigo plant, a plant source of blue dye, developed by Eliza Lucas. Meanwhile, Upstate South Carolina, west of the Fall Line, was settled by small farmers and traders, who displaced Native American tribes westward. Colonists overthrew the proprietors' rule, seeking more direct representation. In 1712, the former Province of Carolina split into North and South Carolina. In 1719, South Carolina was officially made a royal colony. South Carolina prospered from the fertility of the lowcountry and the harbors, such as at Charleston. It allowed religious toleration, encouraging settlement, and trade in deerskin, lumber, and beef thrived. Rice cultivation was developed on a large scale on the back of slave labor. By the second half of the 1700s, South Carolina was one of the richest of the Thirteen Colonies. On March 26, 1776, the colony adopted the Constitution of South Carolina, electing John Rutledge as the state's first president. In February 1778, South Carolina became the first state to ratify the Articles of Confederation, the initial governing document of the United States, and in May 1788, South Carolina ratified the United States Constitution, becoming the eighth state to enter the union. During the American Revolutionary War (1775–1783), about a third of combat action took place in South Carolina, more than any other state. Inhabitants of the state endured being invaded by British forces and an ongoing civil war between loyalists and partisans that devastated the backcountry. It is estimated 25,000 slaves (30% of those in South Carolina) fled, migrated or died during the war. America's first census in 1790 put the state's population at nearly 250,000. By the 1800 census, the population had increased 38 per cent to nearly 340,000 of which 146,000 were slaves. At that time South Carolina had the largest population of Jews in the sixteen states of the United States, mostly based in Savannah and Charleston, the latter being the country's fifth largest city. In the Antebellum period (before the Civil War) the state's economy and population grew. Cotton became an important crop after the invention of the cotton gin. While nominally democratic, from 1790 until 1865, wealthy male landowners were in control of South Carolina. For example, a man was not eligible to sit in the State House of Representatives unless he possessed an estate of 500 acres of land and 10 Negroes, or at least 150 pounds sterling. Columbia, the new state capital was founded in the center of the state, and the State Legislature first met there in 1790. The town grew after it was connected to Charleston by the Santee Canal in 1800, one of the first canals in the United States. As dissatisfaction of the planters ruling class with the federal government grew, in the 1820s John C. Calhoun became a leading proponent of states' rights, limited government, nullification of the U.S. Constitution, and free trade. In 1832, the Ordinance of Nullification declared federal tariff laws unconstitutional and not to be enforced in the state, leading to the Nullification Crisis. The federal Force Bill was enacted to use whatever military force necessary to enforce federal law in the state, bringing South Carolina back into line. An 1831 House Report from the Committee on Military Affairs noted that .mw-parser-output .templatequote{overflow:hidden;margin:1em 0;padding:0 40px}.mw-parser-output .templatequote .templatequotecite{line-height:1.5em;text-align:left;padding-left:1.6em;margin-top:0}In the United States presidential election of 1860, voting was sharply divided, with the south voting for the Southern Democrats and the north for Abraham Lincoln's Republican Party. Lincoln was anti-slavery, did not acknowledge the right to secession, and would not yield federal property in Southern states. Southern secessionists believed Lincoln's election meant long-term doom for their slavery-based agrarian economy and social system. Lincoln was elected president on November 6, 1860. The state House of Representatives three days later passed the "Resolution to Call the Election of Abraham Lincoln as U.S. President a Hostile Act", and within weeks South Carolina became the first state to secede. On April 12, 1861, Confederate batteries began shelling the Union Fort Sumter in Charleston Harbor, and the American Civil War began. In November of that year the Union attacked Port Royal Sound and soon occupied Beaufort County and the neighboring Sea Islands. For the rest of the war this area served as a Union base and staging point for other operations. Whites abandoned their plantations, leaving behind about ten thousand enslaved people. Several Northern charities partnered with the federal government to help these people run the cotton farms themselves under the Port Royal Experiment. Workers were paid by the pound harvested and thus became the first enslaved people freed by the Union forces to earn wages. Although the state was not a major battleground, the war ruined the state's economy. More than 60,000 soldiers from South Carolina served in the war, with the state losing an estimated 18,000 troops. At the end of the war in early 1865, the troops of General William Tecumseh Sherman marched across the state devastating plantations and most of Columbia. South Carolina would be readmitted to the Union on July 9, 1868. In Texas vs. White (1869), the Supreme Court ruled the ordinances of secession (including that of South Carolina) were invalid, and thus those states had never left the Union. However, South Carolina did not regain representation in Congress until that date. Until the 1868 presidential election, South Carolina's legislature, not the voters, chose the state's electors for the presidential election. South Carolina was the last state to choose its electors in this manner. During Reconstruction, South Carolina maintained a majority-black government, which lasted until approximately 1876 when Democrats and former Confederates committed voter fraud to regain power. On October 19, 1871, President Ulysses S. Grant suspended habeas corpus in nine South Carolina counties under the authority of the Ku Klux Klan Act. Led by Grant's Attorney General Amos T. Akerman, hundreds of Klansmen were arrested while 2,000 Klansmen fled the state. This was done to suppress Klan violence against African-American and white voters in the South. In the mid-to-late 1870s, white Democrats used paramilitary groups such as the Red Shirts to intimidate and terrorize black voters. They regained political control of the state under conservative white "Redeemers" and pro-business Bourbon Democrats. In 1877, the federal government withdrew its troops as part of the Compromise of 1877 that ended Reconstruction. The state became a hotbed of racial and economic tensions during the Populist and Agrarian movements of the 1890s. A Republican-Populist biracial coalition took power away from White Democrats temporarily. To prevent that from happening again, Democrats gained passage of a new constitution in 1895 which effectively disenfranchised almost all blacks and many poor whites by new requirements for poll taxes, residency, and literacy tests that dramatically reduced the voter rolls. By 1896, only 5,500 black voters remained on the voter registration rolls, although they constituted a majority of the state's population. The 1900 census demonstrated the extent of disenfranchisement: the 782,509 African American citizens comprised more than 58% of the state's population, but they were essentially without any political representation in the Jim Crow society. The 1895 constitution overturned local representative government, reducing the role of the counties to agents of state government, effectively ruled by the General Assembly, through the legislative delegations for each county. As each county had one state senator, that person had considerable power. The counties lacked representative government until home rule was passed in 1975. Governor "Pitchfork Ben" Tillman, a Populist, led the effort to disenfranchise the blacks and poor whites, although he controlled Democratic state politics from the 1890s to 1910 with a base among poor white farmers. During the constitutional convention in 1895, he supported another man's proposal that the state adopt a one-drop rule, as well as prohibit marriage between whites and anyone with any known African ancestry. Some members of the convention realized prominent white families with some African ancestry could be affected by such legislation. In terms similar to a debate in Virginia in 1853 on a similar proposal (which was dropped), George Dionysius Tillman said in opposition: The state postponed such a one-drop law for years. Virginian legislators adopted a one-drop law in 1924, forgetting that their state had many people of mixed ancestry among those who identified as white. Early in the 20th century, South Carolina developed a thriving textile industry. The state also converted its main agricultural base from cotton, to more profitable crops. It would attract large military bases during World War I, through its majority Democratic congressional delegation, part of the one-party Solid South following disfranchisement of blacks. In the late 19th century, South Carolina would implement Jim Crow laws which enforced racial segregation policies until the 1960s. During the early-to-mid part of the 20th century, millions of African Americans left South Carolina and other southern states for jobs, opportunities, and relative freedom in U.S. cities outside the former Confederate states. In total from 1910 to 1970, 6.5 million blacks left the South in the Great Migration. By 1930, South Carolina had a white majority population for the first time since 1708. South Carolina was one of several states that initially rejected the Nineteenth Amendment (1920) giving women the right to vote. The South Carolina legislature later ratified the amendment on July 1, 1969. The struggle of the civil rights movement took place in South Carolina, as they did in other Southern states and elsewhere within the country. South Carolina would experience a much less violent movement than other Deep South states. This tranquil transition from a Jim Crow society occurred because the state's white and black leaders were willing to accept slow change, rather than being utterly unwilling to accept change at all. Other South Carolina political figures, like Sen. Strom Thurmond, on the other hand, were among the nation's most radical and effective opponents of social equality and integration. During the mid-to-late 20th century, South Carolina started to see economic progress first in the textile industry and then in manufacturing. Tourism also started to form into a major industry within the state during the 20th century, especially in areas such as Myrtle Beach and Charleston. As the 21st century progresses, South Carolina has attracted new business by having a 5% corporate income tax rate, no state property tax, no local income tax, no inventory tax, no sales tax on manufacturing equipment, industrial power or materials for finished products; no wholesale tax, and no unitary tax on worldwide profits. South Carolina was one of the first states to stop paying for "early elective" deliveries of babies, under either Medicaid and private insurance. The term early elective is defined as a labor induction or Cesarean section between 37 and 39 weeks. The change was intended to result in healthier babies and fewer costs for the state of South Carolina. On November 20, 2014, South Carolina became the 35th state to legalize same-sex marriages, when a federal court ordered the change. As of 2022, South Carolina had one of the lowest percentages among all states of women in state legislature, at 17.6% (only five states had a lower percentage; the national average is 30.7%; with the highest percentage being in Nevada at 61.9%).

Reviews for McGowan, Hood, Felder & Phillips, LLC


McGowan, Hood, Felder & Phillips, LLC

Jody McKnight

(5)

These lawyers are some of he finest lawyers in the State of South Carolina. As a colleague, I've watched them successfully handle some of the most complex, difficult cases that lawyers in the area of medical malpractice and other forms of complex litigation handle. Their history of settlements and verdicts on large complex matters speaks volumes. They have a reputation amongst the best lawyers in our state, as being one of the top law firms for complex litigation.

McGowan, Hood, Felder & Phillips, LLC

Tam Van Kirk

(5)

Excellent Firm! Incredibly helpful and supportive while dealing with a tough situation. I highly recommend! To Lead Coordinator April and Attorney Hood, I thank you so much for your time and assistance.

McGowan, Hood, Felder & Phillips, LLC

Brian Kent

(5)

Randy Hood and the folks at his firm are the best in the business. As a practicing lawyer for the past 18 years representing people who have been severely injured or victimized, I can confidently say that I would trust them to represent even my own family and friends if the need ever arose. They are honest, compassionate and their work ethic and approach to the law is beyond compare.

McGowan, Hood, Felder & Phillips, LLC

Chris Burrows

(5)

Extremely professional. Highly competent. Very skilled. Couldn't have been happier.

McGowan, Hood, Felder & Phillips, LLC

Kim Jones

(5)

Great firm!

Frequently Asked Questions

Victims of sexual abuse in South Carolina can pursue civil claims against their abuser for damages, including compensation for physical and emotional injuries. They can also seek criminal prosecution against the abuser, which may result in fines or jail time.
Pre-trial motions and hearings involve the court determining whether certain types of evidence will be admissible at trial. In order for evidence to be admitted, it must meet certain criteria such as relevance, materiality, and authenticity. The judge will then decide if the evidence will be allowed at trial or not based on the arguments presented by each sides lawyers during the hearing.
When filing pre-trial motions, a lawyer representing a victim of sexual abuse should focus on ensuring that any relevant evidence is properly preserved and that all potentially exculpatory evidence is submitted to the court for consideration before trial begins. Additionally, they should argue strongly that any hearsay statements made by witnesses should not be admitted unless there is other corroborating evidence to support them.