B. Permissible Scope of Closing Argument
1. What is Allowed
a. Evidence and All Reasonable Inferences
Pg. 240
Add footnote following second sentence:
11.1 State v. Finklea, 388 S.C. 379, 697 S.E.2d 543, 548 (2010) (use of demonstrative aids such as fire starter, gas can, and gun allowed).
e. Anticipate Questions That May be Raised in Jury Room and Give Answers
Pg. 242
Add footnote to first sentence:
18.1 Stephens v. CSX Transp., Inc., 400 S.C. 503, 735 S.E.2d 505, 515 (Ct. App. 2012) rev'd on other grounds by Stephens v. CSX Transp., Inc., 415 S.C. 182, 781 S.E.2d 534 (2015) (the precise manner in which an obstruction at a railroad crossing affects the railroad's degree of care is a matter for closing argument).
f. Failure to Produce Testimony in Closing Argument
Pg. 243
Insert at the end of the main text the following sentence with new footnote:
However, the "missing witness rule" is limited to factual witnesses and not to be used for medical, psychological, psychiatric, or similar medical expert opinion witnesses.20.1
20.1 Way v. State, 410 S.C. 377, 764 S.E.2d 701, 705 (2014).
2. What is Prohibited
a. Cannot Go Outside the Record
Pg. 243
Insert in footnote 21 a new case as follows:
Branham v. Ford Motor Co., 390 S.C. 203, 701 S.E.2d 5, 22 (2010) (closing argument that relies on inadmissible evidence is improper). But see State v. Finklea, 388 S.C. 379, 697 S.E.2d 543, 547-548...
