State v. McDonald
Cases that cite this one
1 later published case cites this decision.
- Rosenthal v. Unarco Industries, Inc. (S.C. 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant was convicted of murder, assault and battery with intent to kill and armed robbery. On this appeal he asserts that certain witnesses should not have been allowed to testify at trial, because their identities were obtained as a result of the violation of a codefendant’s constitutional rights.
It is the settled rule that, outside certain well defined exceptions, one may not assert a violation of another’s constitutional rights. N. A. A. C. P. v. Alabama ex rel. Patterson, 357 U. S. 449, 78 S. Ct. 1163, 2 L. Ed. (2d) 1488; Alderman v. U. S., 394 U. S. 165, 89 S. Ct. 961, 22 L. Ed. (2d) 176, reh. den. 394 U. S. 939, 89 S. Ct. 1177, 22 L. Ed. (2d) 475. The appellant does not base his argument on a violation of his own constitutional rights, but on a violation of another’s rights. We think it is clear that such a vicarious assertion of constitutional rights is wholly without merit.
We affirm without oral argument.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.