State v. Black
400 S.C. 10
S.C.2012Background
- Black was convicted of CSC with a minor in the first degree and lewd act upon a minor, based on an incident in May 2006.
- Bush, a defense witness, testified with Petitioner denying the alleged misconduct; Bush corroborated Petitioner’s version.
- Before cross-examining Bush, the State sought to impeach him with two Florida manslaughter convictions from 1987.
- The trial court admitted the Florida convictions for impeachment; Bush testified to the priors and the proceedings occurred in 2007.
- Black and Bush were cross-examined; the jury heard Bush’s remote convictions and the defense’s other impeachment evidence (shooting/throwing a deadly missile).
- On appeal, the court held the admission of the remote convictions was improper but harmless, affirming the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether remote manslaughter convictions were admissible | Black argues 609(b) ten-year limit barred admission. | State contends remote convictions have high impeachment value for credibility. | Admission was improper under Rule 609(b). |
| Whether the error was harmless beyond a reasonable doubt | The error affected Bush’s credibility and tainted the defense. | Other evidence and Petitioner’s own credibility mitigated impact. | Error was harmless beyond a reasonable doubt. |
| Did the trial court properly balance probative value and prejudice under Rule 609(b) | Court failed to articulate specific facts; probative value did not outweigh prejudice. | Court weighed factors and found substantial probative value. | Balance found in favor of admission; later reversal due to error. |
Key Cases Cited
- State v. Colf, 337 S.C. 622 (2000) (remote convictions require exceptional circumstances to admit)
- State v. Johnson, 363 S.C. 53 (2005) (ten-year rule presumption; outweighing standard)
- Cavender, 578 F.2d 528 (4th Cir. 1978) (impeachment value; violent crimes generally less probative of truthfulness)
- Beahm, 664 F.2d 414 (4th Cir. 1981) (limits on admissions of remote convictions)
- Van Arsdall, 475 U.S. 673 (1986) (harmless-error factors for credibility rulings)
- State v. Holmes, 320 S.C. 259 (1995) (Van Arsdall factors apply to credibility errors)