State v. Cole

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Jeffrey William Cole, Appellant.

Appellate Case No. 2016-001451

Appeal From Cherokee County
J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2019-UP-053
Submitted January 1, 2019 – Filed February 6, 2019

AFFIRMED

Appellate Defender Taylor Davis Gilliam, of Columbia,
for Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General William M. Blitch, Jr., both of
Columbia; and Solicitor Barry Joe Barnette, of
Spartanburg, all for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Sherard, 303 S.C. 172, 174, 399 S.E.2d 595, 596 (1991)
("[T]he scope of cross-examination is within the trial [court]'s discretion, and [our
appellate courts] will not interfere absent a showing of prejudice by the
complaining party."); State v. Gillian, 360 S.C. 433, 451, 602 S.E.2d 62, 71 (Ct.
App. 2004) ("[T]rial [courts] retain wide latitude insofar as the Confrontation
Clause is concerned to impose reasonable limits on such cross-examination based
on concerns about . . . prejudice, confusion of the issues . . . , or interrogation that
is repetitive or only marginally relevant."); Rule 402, SCRE ("Evidence [that] is
not relevant is not admissible."); United States v. Lopez, 611 F.2d 44, 45 (4th Cir.
1979) ("[M]any psychiatric problems or fixations [that] a witness may have had are
without any relevancy to the witness'[s] credibility. . . ."); id. (stating the inquiry
into whether testimony regarding an individual's mental impairment is relevant
should focus on "whether the witness'[s] mental impairment is related to 'his
capacity to observe the event at the time of its occurrence, to communicate his
observations accurately and truthfully at trial, or to maintain a clear recollection in
the meantime'" (quoting Commonwealth v. Butler, 331 A.2d 678, 680 (Pa. Super.
Ct. 1974))); id. ("One's psychiatric history is an area of great personal privacy
[that] can only be invaded in cross-examination when required in the interests of
justice . . . . [C]ross-examination of an adverse witness on [such] matters . . . , if of
minimal probative value, is manifestly unfair and unnecessarily demeaning of the
witness."); id. ("Courts should have the power to protect witnesses against
cross-examination that does little to impair credibility but that may damage their
reputation, invade their privacy, and assault their personality." (quoting 28 Charles
Alan Wright & Kenneth W. Graham, Federal Practice and Procedure § 6164, at
401 n.83 (2d ed. 2012))); State v. Turner, 373 S.C. 121, 129-31, 644 S.E.2d 693,
698-99 (2007) (finding the trial court did not abuse its discretion in limiting the
cross-examination of a witness regarding her schizophrenia diagnosis and related
medications because the witness's diagnosis and medications were irrelevant to her
ability to recall the events and the defendant was not unfairly prejudiced).

AFFIRMED.1

KONDUROS, MCDONALD, and HILL, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.