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 ...

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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 ...

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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 ...

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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 ...

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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, ...

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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 ...

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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 ...

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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 ...

Tagged with: Expert Testimony Realtors

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 ...

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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 ...

Tagged with: Expert Testimony