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Criminal Practice – Evidence – Expert Witnesses – DNA Evidence – Prosecutor’s Comments
State v. Harris The population geneticists -- who made the determinations about the probability of an unrelated, randomly chosen person being the one who contributed to the DNA mixture taken from the victim’s rape kit – were unavailable to testify. Nonetheless, SBI Agent Mackenzie Dehaan gave her opinion that the statistical information upon which she relied in developing her opinion [...]
Use of expert witnesses getting more scrutiny in class certifications
In the year since the U.S. Supreme Court made it tougher for large groups of plaintiffs to prove that they should proceed in a class action, courts have been taking a harder look at a key type of evidence plaintiffs use to make that case: expert witness testimony.
Workers’ Compensation – Occupational Disease – Bicipital Tenosynovitis – Expert Witnesses – Physician & Ergonomist
Baker v. Flowserve Corp. Although there was conflicting evidence as to how much weight plaintiff’s job required him to lift and how repetitively he used tools, plaintiff’s evidence was sufficient to show that his job placed him at an increased risk of developing bicipital tenosynovitis and that the job caused the condition. We affirm the deputy commissioner’s award of benefits.
Criminal Practice – Maintaining a Dwelling – Possession and/or Sale – Jury Instructions – Marijuana Trafficking – Constitutional – Confrontation Right – Expert Witness – Sentencing – Mitigating Factors
State v. Garnett. (Lawyers Weekly No. 11-07-0153, 20 pp.) (Robert N. Hunter Jr., J.) Appealed from Buncombe County Superior Court. (Zoro J. Guice Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Even though defendant was charged with maintaining a dwelling for keeping and selling a controlled substance, the trial […]
Criminal Practice – Statutory Rape – Expert Witnesses – Computer Forensics Expert – Destroying Evidence – Physician – Healing Time – Plain Error Review
State v. Jennings. (Lawyers Weekly No. 11-07-0073, 15 pp.) (Robert C. Hunter, J.) Appealed from Cabarrus County Superior Court. (Tanya T. Wallace, J.) N.C. App. Click here for the full text of the opinion. Holding: Since law enforcement officers are permitted to testify about the practices criminals use in concealing their identity or criminal activity, […]
Domestic Relations – Alimony – Attorney’s Fees – Expert Witness Fees
Martin v. Martin. (Lawyers Weekly No. 10-07-0866, 12 pp.) (Rick Elmore, J.) Appealed from Buncombe County Superior Court (Marvin P. Pope, J.) N.C. App. Holdings: (1) The trial court did not err in concluding that the defendant’s excess expenditures were voluntary and unreasonable in view of his obligation to pay alimony to the plaintiff […]
Criminal Practice – Sexual Offense – Child Victim – Expert Witness – Effective Assistance of Counsel
State v. Livengood. (Lawyers Weekly No. 10-07-0875, 8 pp.) (Sanford L. Steelman Jr., J.) Appealed from Rowan County Superior Court. (Richard L. Doughton, J.) N.C. App. Holding: On cross-examination, the state’s expert said the physical findings from the victim’s exam could be consistent with rape or with no rape. On re-cross-examination, defense counsel tried to […]
Criminal Practice – Evidence – Expert Testimony – Child Sexual Abuse – Physical Evidence
State v. Chandler. Contrary to the superior court's ruling, there has been no significant change in the law regarding admissibility of expert testimony in child sexual abuse cases since the time of defendant's trial and appeal. Defendant is not entitled to the relief he sought pursuant to the retroactivity rule of G.S. § 15A-1415(b)(7). Reversed.
Civil Practice – Costs – Expert Witness Expenses – First Impression – Subpoenas – Out-of-State – Standing
Jarrell v. Charlotte-Mecklenburg Hospital Authority. Since defendants' experts testified pursuant to subpoenas, plaintiffs could be taxed with their expenses. Even though plaintiffs contend the subpoenas on the out-of-state experts were ineffective, plaintiffs lack standing to challenge the sufficiency of the subpoenas. We affirm the trial court's award of costs including the defense expe[...]
Criminal Practice – Constitutional – Confrontation Right – Expert Witness – SBI Analyst – Harmless
State v. Grady. (Lawyers Weekly No. 10-07-0803, 10 pp.) (Martha A. Geer, J.) Appealed from New Hanover County Superior Court. (Jerry Cash Martin, J.) N.C. App. Holding: Even assuming it was error to allow an SBI analyst to testify about DNA testing performed by a different SBI agent who left the agency before the trial, […]
Workers’ Compensation – Causation – Occupational Disease – Rotator Cuff Tear – Ergonomic Expert – Co-Worker’s Performance
Smith v. Valley Proteins. (Lawyers Weekly No. 10-16-0717, 17 pp.) (Sanford L. Steelman Jr., J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Since the evaluation of an occupational disease hinges on the characteristics of the particular job, and not on the manner in which a claimant performs that job, it is irrelevant that […]
Public Utilities – Sewer Easement – Expert Witnesses – Conclusions of Law & Fact – N.C. R. Evid. 704
Cape Fear Public Utility Authority v. Costa. (Lawyers Weekly No. 10-07-0659, 17 pp.) (Donna S. Stroud, J.) (Cheri Beasley, J., dissenting) Appealed from New Hanover County Superior Court. (Paul G. Gessner, J.) N.C. App. Holding: Expert testimony from an attorney and a surveyor was inadmissible in a dispute over the existence of a sewer easement […]
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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
