SC20806 - State v. Hamilton (Murder; carrying a pistol or revolver without a permit; “For the reasons that follow, we agree with the defendant
that Carr’s two prior interviews with the police were improperly admitted as
prior inconsistent statements under Whelan because the state failed to demonstrate
that Carr’s prior interviews were in fact inconsistent with his trial
testimony. Because we conclude that the error was not harmless, we reverse the
judgment of conviction and remand the case for a new trial. As to the
defendant’s second claim, although we disagree with him that adopted statements
are inadmissible as prior inconsistent statements under Whelan, we nevertheless
conclude that the trial court improperly delegated to the jury the
responsibility of determining which of Cobia’s statements were adopted by Carr
as his own and, therefore, were admissible hearsay under Whelan. Lastly, we
conclude that the trial court did not abuse its discretion in admitting the
video and photographs from the defendant’s social media accounts.”)