Articles in the Evidence category - Page 25 of 29

Because our appellate courts often find the Fourth Circuit’s opinions to be persuasive authority, I read all the Fourth Circuit’s published criminal cases. Yesterday, the court decided United States v. […]

Along with the published cases released by the N.C. Court of Appeals on August 3, 2010, was an unpublished case of note. In State v. Davis, __ N.C. App. __ […]

Since the U.S. Supreme Court’s decision in Crawford v. Washington, interest has been growing in the use of two-way video testimony as a method to satisfy the confrontation clause when […]

Previously, Jeff and I posted about the post-Melendez-Diaz decisions by the N.C. Court of Appeals in the Brennan and Brewington substitute analyst cases (those posts are available here, here, and […]

Suppose that David Defendant is charged with driving while impaired based upon an incident on in which he drove his car off the road and crashed into a tree.  The […]

As I mentioned in a recent news roundup, earlier this month the Supreme Court of North Carolina decided State v. Ward. The basic holding of the case is that the […]

As I have discussed in a number of prior posts [editor’s note: the most recent of those posts is here], the North Carolina courts have been struggling with whether the […]

Rule 702(a1) was enacted in 2006 (effective for hearings held August 21, 2006 or later) to render admissible two types of expert testimony on the issue of impairment:  (1) testimony […]

In a recent post, I suggested that by establishing a good foundation, the State may be able to overcome a confrontation clause objection to its use a substitute analyst in […]

As summarized in Jeff’s recent blog post, in State v. Brennan, the North Carolina Court of Appeals applied Locklear and Mobley and held that the defendant’s confrontation clause rights were […]