Going “Beyond the Bounds” of Rule 404(b) in a Case Involving the Death of a Child
About a year ago, I wrote about State v. Hembree, 368 N.C. 2 (2015), a case in which the state supreme court reversed a murder conviction based on the State’s […]
August 25, 2016
When May Evidence of HGN Come on Down . . . or In?
The question I am most frequently asked these days is some version of the following: May a law enforcement officer trained in administering the HGN test testify at trial about […]
August 24, 2016
Sufficient Evidence of a Probation Violation
Probation violations need not be proven beyond a reasonable doubt. All that’s required is sufficient evidence to “reasonably satisfy” the judge that a violation occurred. What constitutes competent evidence of a […]
August 3, 2016
Does State v. Ashworth Place Factors Over Substance?
The court of appeals reversed a defendant’s DWI conviction yesterday in State v. Ashworth, __ N.C. App. __ (August 2, 2016), on the basis that the trial court plainly erred […]
July 6, 2016
Utah v. Strieff and the Attenuation Doctrine
(Author’s note: The concluding paragraph of this post was amended after its publication to include the number of outstanding warrants and orders for arrest on July 1, 2016.) Every year, […]
June 27, 2016
One Case, Two Ways of Authenticating Video
Technologists tell us that we are in the age of ubiquitous video. It seems that almost everything is being recorded. Naturally, this means that more and more video recordings are […]
June 22, 2016
Amendments to Notice and Demand Provisions for DWI Cases
No legislative session would be complete without amendments to the state’s DWI laws. The 2016 short session upholds this tradition by amending the procedures that govern the admissibility of chemical analyses […]
June 15, 2016
State v. McGrady Confirms NC is a Daubert State: Now What?
The North Carolina Supreme Court held in State v. McGrady, __ N.C.___ (June 10, 2016), that Rule 702(a) of the North Carolina Rules of Evidence incorporates the standard set forth […]
April 27, 2016
Only Experts Can Testify About HGN
Author’s note: I added the conclusory paragraph at the end of this post shortly after its initial publication in response to helpful questions from readers about the significance of State […]
April 18, 2016
State Supreme Court Reverses Court of Appeals Regarding Authentication of Surveillance Video
The Supreme Court of North Carolina just decided State v. Snead, a case about the authentication of surveillance video. The court adopted a more relaxed approach to authentication than the […]
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