State v. Fowler
Court of Appeals of North Carolina
1Opinion of the Court
HUNTER, JR., Robert N., Judge.
*547Melvin Leroy Fowler ("Defendant") appeals a jury verdict convicting him of driving while impaired ("DWI"). On appeal, Defendant contends the trial court erred by: (1) instructing the jury on a theory of impaired driving unsupported by the evidence, thus violating Defendant's constitutional right to a *726unanimous jury verdict; and (2) allowing Officer Monroe to testify as an expert witness regarding the horizontal gaze Nystagmus ("HGN") test. For the following reasons, we grant Defendant a new trial.
I. Factual and Procedural Background
On 19 June 2014, Officer R. P.…
2Cases cited17 opinions
- State v. WilliamsSupreme Court of North Carolina · 2008
- State v. LynchSupreme Court of North Carolina · 1990
- State v. RiddickSupreme Court of North Carolina · 1986
- State v. McGradySupreme Court of North Carolina · 2016
- State v. CameronSupreme Court of North Carolina · 1973
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3Cited by3 opinions
- Holland v. StateSupreme Court of Georgia · 2022
- State v. AltmanCourt of Appeals of North Carolina · 2019
- State v. FowlerSupreme Court of North Carolina · 2018