SEARCH

Scruggs v. State

The trial court did not abuse its discretion in allowing the victim's daughter and two of the victim's siblings to testify pursuant to the necessity exception to the hearsay rule, as their statements exhibited particularized guarantees of trustworthiness.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Phillip Scruggs was convicted of malice murder and other crimes in connection with the torching and burning of his longtime girlfriend, Elisa Davenport.1 He appeals, asserting, inter alia, the trial court erred in admitting similar transaction evidence. Finding no error, we affirm.

1. Appellant and the victim lived together in an apartment. Neighbors could hear them fight with one another almost every day. On the day in question, appellant poured a medium petroleum distillate on the victim and set her on fire because he believed she was “cheating” on him. He also burned down the victim’s apartment building with a Molotov cocktail filled with the same type of distillate. Emergency personnel, including police officer Eric Hogan, arrived at the scene and found the victim, who was critically burned on her neck, torso, upper arms and thighs, lying in the dirt at the back of the apartment building. The victim told the officer and a neighbor that “Phillip Scruggs” “poured kerosene on me.” She told an EMT that her boyfriend burned her. Shortly thereafter, appellant was arrested at a nearby convenience store. He had minor burns on his face. Traces of a medium petroleum distillate were found on his shorts, belt and shirt. The victim died 11 days later.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Southeastern Legal Awards 2025

May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...

Apply Now ›

Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...

Apply Now ›

ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...

Apply Now ›