Legal Opinion

State v. Barker

Court of Appeals of North Carolina

Decided December 19, 2017No. COA17-97PublishedCited by 2 opinions

1Opinion of the Court

McGEE, Chief Judge.

*174Christopher David Barker ("Defendant") appeals from judgments entered after a jury found him guilty of driving while impaired ("DWI"). Defendant argues that the trial court erred by admitting testimony about the results of a horizontal gaze nystagmus test ("HGN") because the testifying officer did not establish the evidentiary foundation required for expert testimony. We disagree and find no error.

I. Background

Defendant was convicted of driving while impaired in Brunswick County District Court ("the district court") on 10 December 2015. Upon appeal, Defendant's case was…

2Cases cited12 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Howerton v. Arai Helmet, Ltd.Supreme Court of North Carolina · 2004
  4. State v. RiddickSupreme Court of North Carolina · 1986
  5. State v. McGradySupreme Court of North Carolina · 2016

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3Cited by2 opinions

  1. State v. WilesCourt of Appeals of North Carolina · 2020
  2. State v. WilesCourt of Appeals of North Carolina · 2020

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