Daubert and Expert Testimony of Impairment
With the amendment of Rule 702 of the North Carolina Rules of Evidence in 2011, North Carolina became a Daubert state. That change means that trial judges in this state, […]
June 17, 2014
Parent-Child Privilege
Must a parent testify against his or her child when called as a witness? Conversely, must a child testify against his or her parent? The answer depends on whether there […]
June 4, 2014
With Cert Denials, Hope Fades for Clarification on Use of Substitute Analysts
Mumford & Sons has a song called Hopeless Wanderer. When it comes to substitute analysts and the confrontation clause, that song title sums me up, and maybe you as well. […]
June 2, 2014
Authentication and GPS Tracking
I’ve had more and more questions about introducing GPS tracking data in criminal trials. When I think about digital evidence, I think about authentication as the first hurdle. This post […]
May 19, 2014
Authenticating Photographs Taken from Social Media Sites
Suppose that the defendant is charged with a gang-related murder. The State seeks to establish that the defendant is a gang member by introducing a photograph that a detective found […]
March 24, 2014
Hearsay Exceptions: Statements Against Penal Interest
In this, my last post in a long series on hearsay exceptions, I’ll address the Rule 804 exception for statements against penal interest. Rule 804(b)(3) creates a hearsay exception for […]
March 20, 2014
Be careful what you wish for . . . Kostick further muddles Knoll analysis
The decades-old state supreme court decision in State v. Knoll, 322 N.C. 535 (1988), dismissing charges against three impaired driving defendants, is confusing. For starters, the Knoll court’s decision hinged […]
March 17, 2014
Hearsay Exceptions: Former Testimony and Dying Declarations
Rule 804 contains five hearsay exceptions that apply when the declarant is unavailable. I addressed one of them—the residual exception—in a prior post. Another one of the five—statements of family […]
March 10, 2014
Hearsay Exceptions: What Does “Unavailability” Mean?
In earlier posts I covered the major Rule 803 hearsay exceptions, for which unavailability is immaterial. Rule 804 contains additional hearsay exceptions, but they only apply when the declarant is […]
March 6, 2014
Citizen’s Arrest!
You don’t have to attend basic law enforcement training to identify a potential impaired driver. Plenty of folks without police training could roll off a list of tell-tale signs, including […]
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