State disclosed its intent to use statements as well as their substance in a request for discovery two months prior to trial
How later courts described this case
- State disclosed its intent to use statements as well as their substance in a request for discovery two months prior to trial
Written by the judges who cited it.
The opinion
Judge BECTON
concurring in the result.
Absent special circumstances, notice during trial of the intent to offer hearsay evidence pursuant to Rule 804(b)(5) should generally be deemed insufficient to provide the adverse party with a fair opportunity to defend against the statement. Special circumstances exist in this case. The trial court found that “Dennis Sexton was subpoenaed . . . that he failed to appear . . . that officers of the Spartanburg County Sheriff’s Department made numerous attempts to locate Mr. Sexton .... [and that the defendant] had the essence of [the hearsay statements] pursuant to discovery several weeks in advance of trial.” Further, defendant conceded that he knew the State intended to call Sexton as a witness. More importantly, the other evidence in this case —both direct and corroborative — was so strong that any error in the admission of the challenged evidence was harmless. I, therefore, concur in the result.