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Expert Testimony

Jun 7, 2021

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 […]

Oct 23, 2018

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 […]

Sep 21, 2018

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 […]

Nov 8, 2017

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 […]

May 23, 2017

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 [&[...]

May 18, 2017

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 […]

Oct 20, 2016

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 […]

Sep 15, 2016

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 […]

Sep 8, 2016

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[...]

Jul 30, 2015

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 […]

May 5, 2015

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 […]

Jan 5, 2015

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.

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