South Carolina v. Perry
| Docket Number | 27963 |
| Decision Date | 06 May 2020 |
Petitioner Wallace Perry was convicted on two counts of criminal sexual conduct (CSC) with a minor in the first degree and two counts of CSC with a minor in the second degree for sexually assaulting two of his biological daughters. Prior to Perry's trial, the State made a motion to admit the testimony of Perry's stepdaughter from an earlier marriage that Perry sexually assaulted her twenty-two to twenty-seven years earlier. The State argued the trial court should not exclude the stepdaughter's testimony...
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30 cases
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State v. Ostrowski
...the classic South Carolina case for understanding the admissibility of a defendant's other crimes [or bad acts]." State v. Perry , 430 S.C. 24, 31, 842 S.E.2d 654, 658 (2020). There, our supreme court laid out the factors to be considered when determining whether potentially inadmissible pr......
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State v. Jenkins
...purpose of explaining the basis for Dr. Maddox's opinion that Jenkins was "under the influence of ... McKinley." In State v. Perry , 430 S.C. 24, 842 S.E.2d 654 (2020), we addressed how a trial court should analyze this situation. We stated, "To the extent a trial court finds evidence ... d......
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State v. Adams
...child, whom one cannot reasonably expect to recall the exact dates of the sexual abuse"); see also State v. Perry , 430 S.C. 24, 61-62, 842 S.E.2d 654, 674 (2020) (Kittredge, J., dissenting) (cataloging special proof problems in child sexual abuse prosecutions that have been "recognized by ......
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Washington v. State
...by [the defendant] to be quintessential common scheme or plan evidence." (emphasis added)); see also State v. Perry , 430 S.C. 24, 67, 842 S.E.2d 654, 677 (2020) (Kittredge, J., dissenting) ("The majority is missing an inferential step—one that is satisfied through either a repeated pattern......
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6 books & journal articles
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Rule 404. Character Evidence Not Admissible to Prove Conduct; Exception; Other Crimes
...defendant's other crimes for the purpose of proving his propensity to commit the crime for which he is currently on trial. State v. Perry, 430 S.C. 24, 29-30, 842 S.E.2d 654, 657 (2020), reh'g denied (June 10, 2020). Punitive Damages "[I]nforming the jury of a corporation's net operating re......
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Rule 404. Character Evidence Not Admissible to Prove Conduct; Exception; Other Crimes
...must be something in the defendant's criminal process that logically connects the "other crimes" to the crime charged. State v. Perry, 430 S.C. 24, 41, 842 S.E.2d 654, 663 (2020). Evidence of other bad acts is generally inadmissible to prove a defendant's guilt for the crime charged; howeve......
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Rule 401. Definition of "relevant Evidence"
...the three opinions, we overrule Wallace and clarify the requirements to satisfy the common scheme or plan exception. See State v. Perry, 430 S.C. 24, 842 S.E.2d 654 (2020). In the second of the three opinions, using the new Perry framework, we affirm a pastor's criminal sexual conduct convi......
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Rule 401. Definition of "relevant Evidence"
...the three opinions, we overrule Wallace and clarify the requirements to satisfy the common scheme or plan exception. See State v. Perry, 430 S.C. 24, 842 S.E.2d 654 (2020). In the second of the three opinions, using the new Perry framework, we affirm a pastor's criminal sexual conduct convi......
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