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Tag Archives: expert witnesses

Criminal Practice – Evidence – Expert Witnesses – DNA Evidence – Prosecutor’s Comments (access required)

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.

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Workers’ Compensation – Occupational Disease – Bicipital Tenosynovitis – Expert Witnesses – Physician & Ergonomist (access required)

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.

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Criminal Practice – Maintaining a Dwelling – Possession and/or Sale – Jury Instructions – Marijuana Trafficking – Constitutional – Confrontation Right – Expert Witness – Sentencing – Mitigating Factors (access required)

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 ...

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Criminal Practice – Statutory Rape – Expert Witnesses – Computer Forensics Expert – Destroying Evidence – Physician – Healing Time – Plain Error Review (access required)

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 ...

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Criminal Practice – Sexual Offense – Child Victim – Expert Witness – Effective Assistance of Counsel (access required)

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 ...

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Criminal Practice – Evidence – Expert Testimony – Child Sexual Abuse – Physical Evidence (access required)

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.

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Civil Practice – Costs – Expert Witness Expenses – First Impression – Subpoenas – Out-of-State – Standing (access required)

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.

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Criminal Practice – Constitutional – Confrontation Right – Expert Witness – SBI Analyst – Harmless (access required)

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 ...

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