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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26798
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My brother is serving 47 years in South Carolina. The only

Customer Question

My brother is serving 47 years in South Carolina. The only thing charging him with the murder is an identification. The pretrial hearing was held without the lead detective who conducted the procedure. The witness gave 3 different accounts on how the identification took place all was different from what was in the report of the detective was the detective supposed to be there at trial and the hearing to explain so the court can make a determination of the identification was reliable
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: South Carolina
JA: Has anything been filed or reported?
Customer: He had a direct appeal which was affirmed by the court state v dukes 745 se2d 137 (2013) and a post conviction hearing which was denied in the circuit court but attorney never files an appeal
JA: Anything else you want the lawyer to know before I connect you?
Customer: The prosecutor was on the crime scene with the police before my brother was a suspect and at trial there was testimony of the witness girlfriend was shot and lost her baby but that had nothing to do with my brother shouldn't his lawyer have asked for a mistrial
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 6 months ago.

Typically, the prosecutor will put on as few witnesses as possible at pre-trial hearings. Here, he only had to establish that the identification was not coerced by improper police procedures. If the state established that with just the identification witness, there was no need to call the other. This was explained in Dukes, which you referenced..

Prosecutors get called to the scene of a homicide immediately to oversee the crime scene and the taking of forensic evidence. It's not at all unusual for the prosecutor to be at a scene before a particular defendant becomes a suspect. Many times, it's the evidence at the scene that has to be analyzed and which leads to the suspect days, weeks, even years later.

As far as the girlfriend who was shot and lost her baby, that may not have been relevant testimony but unless they were trying to say that your brother shot that woman when he was never charged with such a crime, the irrelevant testimony would not be grounds for a mistrial.

Expert:  Zoey_ JD replied 6 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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