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Retrograde Extrapolation Alive and Well

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I wrote here about the court of appeals’ decision in State v. Davis, __ N.C. App. __, 702 S.E.2d 507 (2010), granting the defendant a new trial on second degree murder, impaired driving and other charges arising from a fatal hit-and-run committed by the defendant after she had been drinking. Davis determined that expert testimony … Read more

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The Nose Doesn’t Always Know: Extrapolation Based on Odor Ruled Unreliable

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The Court of Appeals decided State v. Davis, 208 N.C. App. 26 (2010), last week, granting the defendant a new trial on second-degree murder, impaired driving and other charges arising from a fatal hit-and-run committed by the defendant after she had been drinking. While several aspects of the court’s opinion are noteworthy, this post focuses … Read more