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lay testimony

Aug 16, 2017

Criminal Practice — Cocaine Possession – Lay Witness Testimony – Valid Chemical Analysis

  State v. Carter (Lawyers Weekly No. 011-251-17, 10 pp.) (Lucy Inman, J.) Appealed from Cabarrus County Superior Court (Martin McGee, J.) N.C. App. Holding: Even though the trial court should not have permitted the arresting officer to repeatedly refer to the substance that fell from defendant’s person as “crack cocaine,” since the state introduced […]

Jun 21, 2012

Criminal Practice – Armed Robbery & Assault – Lawn Chair as Weapon – Blood Stains – Lay Testimony

State v. Mills Although no one saw what the victim was assaulted with, (1) the victim testified that he was struck by something other than a fist; (2) the investigating officer testified that a lawn chair was next to the driveway where the attack took place; (3) the officer also testified that blood was found on the chair, in the driveway, and on the victim’s face; and (4) the owner of [...]

Mar 13, 2012

Criminal Practice – Sex Offense – Victim’s Mental Capacity – Evidence – Lay Testimony – Crime Against Nature

State v. Hunt Lay testimony was sufficient to establish whether the victim in this case had the requisite mental capacity to consent to sexual activity; expert testimony was unnecessary.

Sep 9, 2011

Criminal Practice – Evidence – Other Wrongs – Complete Story Exception – Lay Testimony – Police Officer – Stolen Items & Blood

State v. Howard Even though defendant was tried for robbing a hotel guest at gunpoint, evidence of his other activities the same evening – stealing items from a store – was admissible to tell the complete story of the robbery. We find no error in defendant’s conviction of robbery with a dangerous weapon.

Oct 21, 2010

Criminal Practice – Drug Possession – Crack Cocaine – Lay Testimony – Insufficient

State v. Nabors. (Lawyers Weekly No. 10-07-1012, 14 pp.) (Linda Stephens, J.) Appealed from Harnett County Superior Court. (W. Russell Duke Jr., J.) N.C. App. Click here to read the full text of the opinion. Holding: Where the only evidence that the substance at issue was in fact crack cocaine came from an informant and […]

Jul 25, 2010

Criminal Practice – Constitutional – Confrontation Right – Expert Chemist – Others’ Reports – Cocaine – Maintaining a Vehicle – Lay Testimony – Sentencing

State v. Craven. (Lawyers Weekly No. 10-07-0679, 17 pp.) (Wanda G. Bryant, J.) Appealed from Chatham County Superior Court. (Kenneth Titus, J.) N.C. App. Holding: Where the state’s expert chemist only reviewed the reports of other chemists with regard to two of the three cocaine buys at issue, defendant’s constitutional right to confront the witnesses […]

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