Legal Opinion

State v. Gray

Court of Appeals of North Carolina

Decided May 1, 2018No. COA17-508PublishedCited by 7 opinions

1Opinion of the Court

MURPHY, Judge.

In a criminal prosecution for possession of a controlled substance, when an expert in forensic chemistry provides testimony that establishes a proper foundation under Rule 702(a) of the Rules of Evidence, the expert's opinion is otherwise admissible, *738 and any unpreserved assignments of error related to the trial court's "gatekeeping" function is only reviewed for plain error. Furthermore, when plain error is assigned to a trial court's admission of expert testimony on the grounds that the testimony is not "reliable," we do not consider data or theories advanced in a defendant's…

2Cases cited7 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. State v. LawrenceSupreme Court of North Carolina · 2012
  3. Howerton v. Arai Helmet, Ltd.Supreme Court of North Carolina · 2004
  4. State v. FairSupreme Court of North Carolina · 2001
  5. State v. McGradySupreme Court of North Carolina · 2016

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. CoffeyCourt of Appeals of North Carolina · 2020
  2. State v. FigueroaCourt of Appeals of North Carolina · 2023
  3. State v. LanceCourt of Appeals of North Carolina · 2021
  4. State v. LanceCourt of Appeals of North Carolina · 2021
  5. State v. StephenCourt of Appeals of North Carolina · 2024

2 more not listed; retrieve them via the Exa API.

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