Free Newsletter
Change in the works for experts in federal court
BY PAT MURPHY A federal rules committee recently moved forward with an amendment that re-emphasizes and clarifies a judge’s duties as gatekeeper with respect to the expert testimony that may be considered in a case. On April 30, the Judicial Conference Advisory Committee on the Federal Rules of Evidence unanimously approved a proposal to […]
Criminal Practice – Witness Testimony – Unpreserved Error – Expert Opinion – Invited Error
Where (1) defense counsel objected to accomplice Montray Price’s testimony outside the presence of the jury and before Price had been sworn as a witness, (2) the trial court allowed defendant and the state to conduct a voir dire examination of Price and subsequently overruled defendant’s objection, (3) the jury was called back to the […]
Criminal Practice – Expert Testimony – Fingerprint Comparison – Harmless Error – Assault Charges – Search Warrant
We improvidently allowed discretionary review of the Court of Appeals’ decision (Although the state’s fingerprint expert explained her usual procedure for comparing fingerprints, she provided no detail in testifying about how she arrived at her conclusions in this case. She thus failed to demonstrate that she “applied the principles and methods reliably to the facts […]
Criminal Practice – Expert Testimony – Fingerprint Comparison – Harmless Error – Assault Charges – Search Warrant
State v. McPhaul (Lawyers Weekly No. 011-339-17, 25 pp.) (Ann Marie Calabria, J.) Appealed from Hoke County Superior Court (James Webb, J.) N.C. App. Holding: Although the state’s fingerprint expert explained her usual procedure for comparing fingerprints, she provided no detail in testifying about how she arrived at her conclusions in this case. She thus […]
Workers’ Compensation – Parsons Presumption – Rebuttal – Expert Testimony – Unpreserved Issue
Edwards v. PCC Airfoils (Lawyers Weekly No. 012-088-17, 7 pp.) (Richard Dietz, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: In the 10 years after plaintiff suffered a compensable head injury, he suffered migraines which led to syncope, falls, and resulting injuries. Defendant successfully rebutted the Parsons presumption (that plaintiff’s subsequent medical treatment [&[...]
Interview not necessary for expert witness
An expert does not have to interview or otherwise evaluate an individual in order to testify about him or her, the North Carolina Supreme Court ruled May 5, in a case in which it held a trial judge had did not abuse his discretion by excluding an expert witness. The ruling reversed the Court of […]
Workers’ Compensation – Occupational Disease – Repetitive Motion – Knee Problems – Expert Testimony
Riggsbee v. Durham City Transit Co. (Lawyers Weekly No. 012-198-16, 10 pp.) (Lucy Inman, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Drs. Goodno and Wright opined that plaintiff’s duties during her 15 years as a bus driver led to her right-knee meniscus tear and arthritis; however, the Industrial Commission gave more weight […]
Realtors still cannot testify about fair market value
The North Carolina Court of Appeals issued a reminder to real estate litigators earlier this month: If you’re going to use a real estate broker as an expert witness, make sure they don’t testify about the “fair market value” of a property. Unfortunately, that’s a tip that was overlooked by attorneys representing the owners of […]
Criminal Practice – Opium Trafficking – Expert Testimony – Testing Procedures – Lesser Included Offense
State v. Hunt (Lawyers Weekly No. 011-311-16, 20 pp.) (Douglas McCullough, J.) Appealed from Henderson County Superior Court (Todd Pomeroy, J.) N.C. App. Holding: After receiving pills seized from defendant, an expert from the State Crime Laboratory thoroughly documented his analysis and followed protocol, grouping the pharmaceutically manufactured tablets into four categories based on the [&helli[...]
Workers’ Compensation — Occupational Disease – Respiratory Condition – Expert Testimony
Walker v. Holden Temporaries, Inc. (Lawyers Weekly No. 15-16-0748, 9 pp.) (Chris Dillon, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Dr. Knutson’s testimony was not offered to support plaintiff’s burden of proving she suffered from an occupational disease; instead, his testimony was offered to rebut plaintiff’s evidence. Accordingly, Dr. Knutson did not […]
Court tosses futility finding over lack of expert testimony
North Carolina’s Industrial Commission erred when it awarded temporary total disability benefits to a 65-year-old mechanic injured on the job even though the mechanic failed to provide any testimony from a vocational expert about his inability to find other work as a result of his injury, the state’s Court of Appeals ruled in an April […]
X factor: One expert’s effect on DWI cases
Six months after a judge disqualified him from testifying during a drunken driving trial, Paul Glover, the state’s go-to guy for securing DWI convictions, packed up his office and retired.
Top Legal News
- Catesha Hargro: Finding pathways forward
- Cooper vetoes bill over control of election boards
- Judge dismisses state lawmaker’s defamation suit
- 5th Circuit blocks Louisiana redistricting hearings
- Bonnie Keen: Charting her own course
- Courts’ work will continue amid government shutdown
- NC lawmakers to redraw district maps again
- Mississippi activists ask to join water lawsuit
- State judge blocks gender-affirming care ban
- Menendez pleads not guilty in wide-ranging corruption case
- Lawyer in Trump-Russia probe confirmed for Connecticut high court
- Commercial vehicle crash claims life of wife, mother: $3.99 million settlement
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
