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Criminal Practice – DWI – Expert Evidence – Retrograde Extrapolation – Daubert ‘Fit’ Test (access required)

State v. Babich (Lawyers Weekly No. 011-067-17, 14 pp.) (Richard Dietz, J.) Appealed from New Hanover County Superior Court (Jay Hockenbury, J.) N.C. App. Holding: Where a prosecution expert’s retrograde extrapolation results depended on an assumption – that defendant was in a “post-absorptive state” – but where the expert had no evidence that defendant was in ...

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