State v. Howard
396 S.C. 173
S.C. Ct. App.2011Background
- Howard was convicted of assault and battery of a high and aggravated nature (ABHAN) in Georgetown County on Feb. 29, 2007.
- During trial, the victim testified Howard struck her; she suffered a broken nose requiring surgery.
- Howard was impeached with three prior ABHAN convictions from 1995, 2004, and 2004, admitted over objection as within ten years and probative of credibility.
- The trial court limited testimony about the prior victims and instructed the jury on credibility versus propensity.
- On remand from this court, a Colf balancing hearing occurred on Jan. 19, 2010; the court admitted the prior ABHAN convictions, weighing the probative value as substantially outweighing prejudice.
- Howard appealed, arguing the Colf analysis was misapplied; this court reversed and remanded for a proper on-the-record Colf balance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court properly apply Colf factors? | Howard: misapplied Colf; impeachment value not established. | State: factors support admissibility. | Court reversed admission and remanded for new trial. |
Key Cases Cited
- State v. Colf, 337 S.C. 622 (2000) (five-factor test for balancing probative value versus prejudice)
- State v. Bryant, 369 S.C. 511 (2006) (similar prior offenses increase prejudice; weigh carefully)
- State v. Scriven, 339 S.C. 333 (2000) (similar prior convictions heighten prejudice)
- State v. Liverman, 386 S.C. 223 (2009) (preservation requires specific objection and ruling)
- State v. Swafford, 375 S.C. 637 (Ct.App.2007) (abuse of discretion standard for evidentiary rulings)