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Criminal Practice – Expert Testimony – Unpreserved Issue – Different Theory – Overwhelming Evidence – Hit & Run

Where defendant did not follow up his preliminary objection with a timely objection to the testimony of the prosecution’s expert in accident reconstruction, defendant did not preserve his objection for appellate review. Furthermore, at the trial level, defense counsel argued in his preliminary objection that the expert’s testimony was too speculative to be relevant. Yet
North Carolina United States J John Congleton Donna Stroud Leslie Rawls Hanover County Superior Court William Bland

Criminal Practice – Search & Seizure – Warrantless Blood Draw – Fatal Crash

Defendant caused a fatal accident around the time of a police-department shift change, leaving the investigating officer without assistance. It took significant time for him to investigate the scene of the accident, and he testified that going to the magistrate’s office to get a warrant would have added at least another hour for suspected alcohol,
North Carolina United States J John Congleton April Wood Clark Fischer Carolina Court

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