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 regarding the significance of the DNA match was of a type reasonably relied upon by experts in the field of DNA analysis, such being admissible under N.C. R. Evid. 703. The trial court did not err in admitting the statistical information.

Tagged with: Criminal Practice dna evidence evidence expert witnesses

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.

Tagged with: expert witnesses

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.

Tagged with: expert witnesses occupational disease Workers’ Compensation

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 ...

Tagged with: Buncombe County confrontation right Constitutional Criminal Practice expert witnesses Jury Instructions sentencing

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 ...

Tagged with: Cabarrus County Criminal Practice expert witnesses Plain Error Review Rape Statutory Rape

  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 ...

Tagged with: Alimony attorney's fees Buncombe County Domestic Relations Expert Witness Fees expert witnesses

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 ...

Tagged with: assistance of counsel Criminal Practice Effective Assistance of Counsel expert witnesses ineffective assistance Rowan County Sexual Offense

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.

Tagged with: Buncombe County Child Sexual Abuse Criminal Practice evidence expert witnesses

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 experts' expenses.

Tagged with: Civil Practice Costs expert witnesses first impression Mecklenburg County standing

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 ...

Tagged with: confrontation right Constitutional Criminal Practice expert witnesses Harmless Error New Hanover County