North Carolina Criminal Law

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 […]

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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 […]

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There seem to be fewer and fewer reported decisions about criminal discovery in North Carolina. A recent North Carolina Supreme Court decision finding a discovery violation by the prosecution, State […]

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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 […]

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Proving that a driver was impaired by alcohol is not all that difficult, particularly when the driver submits to a breath test and the result is .08 or more.  Proving […]

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The court of appeals gave the green light last week for law enforcement officers to continue to testify as scientific experts in DWI cases involving retrograde extrapolation–notwithstanding the legislature’s amendment […]

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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, […]

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