We are seeing time and time again the expert witness standard being loosely applied in state trial courts. The Appellate Courts, in reviewing these cases, are sending a clear message to the trial courts that these errors are prejudicial, affect the outcome of the case and they will award defendants a new trial to right [full article…]
About Edd K. RobertsThis author has not yet filled in any details.
So far Edd K. Roberts has created 23 blog entries.
In a recent case from our NC Court of Appeals, one of the Judges concurring with the majority wrote a separate opinion where he declared that in order for the Appellate Courts to have sufficient facts to determine whether a witness is correctly qualified as an expert there should be a better buildup of the [full article…]
In a recent case from our NC Court of Appeals, the Appellate Court vacated a Defendant’s DWI conviction on the grounds that there was not enough facts to support the checkpoint set up by law enforcement. The issue was whether the stop of the Defendant’s vehicle was a constitutional violation or not. The Appellate Court remanded the case back to the [full article…]
IT IS NOT AGAINST THE LAW to Question Juveniles at School Without a Parent or Guardian Present and Without Reading Them Miranda Rights.Edd K. Roberts2012-04-04T11:50:39+00:00
A recent U.S. Supreme Court case has changed the rules on juvenile questioning making it easier for law enforcement to obtain confessions (J.D.B. v. North Carolina, October Term (2010)). Investigating two recent home break-ins, an Investigator with the Chapel Hill Police Department went to a middle school to question a thirteen (13) year old student [full article…]
In a recent case from our Supreme Court, the Court affirmed the decision of the NC Court of Appeals to set aside a one (1) year NC DMV suspension for Petitioner Lee’s refusal to submit to a chemical analysis of his breath in a DWI criminal case (Richard J. Lee v. William C. Gore; A18A10 [full article…]
What was once sacred, “a man’s castle,” just lost considerable ground in regards to our Fourth Amendment right against unreasonable searches. A recent U.S. Supreme Court decision, deriving out of Kentucky, gives law enforcement officers the authority to breakdown the door and enter without a search warrant, if they hear sounds that appear to be [full article…]
New search and seizure law requires law enforcement officers to limit their search of a vehicle incident to arrest, to areas within the immediate control of the person arrested for weapons and only for evidence of the crime for which the person is being arrested. When defining what constitutes immediate control, the Court states the area [full article…]
In a felony trafficking case of opium a veteran chemist of some thirty-four years with the State lab, admitted under oath that he had not tested all of the pills submitted. The chemist went on to state under oath that he had conducted a chemical analysis on about half of the items submitted and the [full article…]
In North Carolina the alcohol concentration evidence in DWI cases, is only prima facie evidence that one was impaired while driving. It does not create a legal presumption that (automatically) requires the fact finder to find guilt (State v. Simmons, 698 S.E.2d 95 (2010) citing State v. Narron, 193 N.C. App. 83, 666 S.E. 2d [full article…]
Opinion testimony by the arresting officer that asthma has no effect on a person’s ability to provide a sufficient breath sample was admitted over defendant’s objection by the Judge in the defendant’s jury trial. Additional evidence offered without objection was that the defendant’s inability to provide a breath sample was an attempt on behalf of [full article…]