State v. Corriher

645 S.E.2d 413, 184 N.C. App. 168, 2007 N.C. App. LEXIS 1325
CourtCourt of Appeals of North Carolina
DecidedJune 19, 2007
DocketNo. COA06-954.
StatusPublished
Cited by3 cases

This text of 645 S.E.2d 413 (State v. Corriher) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Corriher, 645 S.E.2d 413, 184 N.C. App. 168, 2007 N.C. App. LEXIS 1325 (N.C. Ct. App. 2007).

Opinion

CALABRIA, Judge.

John Robert Corriher ("defendant") appeals from a judgment entered upon a jury verdict finding him guilty of driving while impaired ("DWI"). We find no error.

At trial, Timothy Crews ("Officer Crews"), an officer with the Salisbury Police Department, testified that on 13 June 2004 he observed a motorcycle traveling in his direction. Officer Crews noticed the motorcycle was exceeding the speed limit and initiated his lights and siren. The driver did not stop, but instead increased his speed. Officer Crews stated that the motorcycle reached a speed of approximately 100 miles per hour during the chase. Officer Crews summoned additional officers who joined him in his pursuit of defendant. The officers chased defendant onto the property of Richard Stoner ("Stoner"), where defendant crashed through Stoner's fence before he was tackled and subdued by Officer Crews.

Defendant complained that his shoulder was injured, causing the officers to take him to the emergency room. Officer Crews testified that defendant had a strong odor of alcohol and red, glassy eyes. Based on defendant's demeanor, as well as the odor of alcohol and his red, glassy eyes, Officer Crews formed the belief that defendant was impaired. He read defendant his constitutional and statutory rights, and defendant signed a form consenting to a blood test. The blood test showed a blood alcohol level of .06 and the presence of cocaine.

Paul Glover ("Glover"), a research scientist and training specialist with the North Carolina Department of Health and Human Services, testified that the blood sample's alcohol concentration had likely eroded from lack of refrigeration. Specifically, the sample had never been refrigerated, but instead it was left in a patrol car. Glover based his testimony on a test he conducted with respect to alcohol concentration rates in refrigerated and unrefrigerated blood samples in which unrefrigerated samples showed a decrease in alcohol concentration.

The jury convicted defendant of DWI and felony speeding to elude arrest. Judge W. David Lee entered judgment on those verdicts, sentencing defendant to a minimum of 12 months and a maximum of 12 months in the North Carolina Department of Correction for DWI and a minimum of 7 and a maximum of 9 months for felony speeding to elude arrest. From the DWI judgment, defendant appeals.

On appeal, defendant argues the trial court erred by allowing the State's expert to offer testimony regarding retrograde extrapolation evidence. Defendant concedes that retrograde extrapolation evidence has been allowed in North Carolina in a line of cases dating back to 1985. State v. Taylor, 165 N.C.App. 750, 600 S.E.2d 483 (2004); State v. Catoe, 78 N.C.App. 167, 336 S.E.2d 691 (1985). However, he argues that the instant case can be distinguished from prior cases.

Typically, retrograde extrapolation evidence has been admitted to explain why a defendant's blood alcohol level might be lower upon testing than it was during his driving *415because the human body metabolizes alcohol at a rate of .0165 percent per hour. Here, retrograde extrapolation evidence was admitted to explain that a blood sample exposed to heat over 12 days might register a lower blood alcohol concentration than it would have at the time it was drawn. This issue thus presents a case of first impression in North Carolina evidentiary law.

"[T]rial courts are afforded `wide latitude of discretion when making a determination about the admissibility of expert testimony.'" Howerton v. Arai Helmet, Ltd., 358 N.C. 440, 458, 597 S.E.2d 674, 686 (2004) (quoting State v. Bullard, 312 N.C. 129, 140, 322 S.E.2d 370, 376 (1984)). "Given such latitude, it follows that a trial court's ruling on the qualifications of an expert or the admissibility of an expert's opinion will not be reversed on appeal absent a showing of abuse of discretion." Howerton, 358 N.C. at 458, 597 S.E.2d at 686. North Carolina General Statute 8C-1, Rule 702 (2005) states in relevant part:

If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion.

Id.

In evaluating the admissibility of expert testimony, North Carolina uses the three-step analysis announced in State v. Goode, 341 N.C. 513, 461 S.E.2d 631 (1995). The inquiries are: 1) whether the expert's proffered method of proof is sufficiently reliable as an area for expert testimony, id., 341 N.C. at 527-29, 461 S.E.2d at 639-41; 2) whether the witness testifying at trial is qualified as an expert in that area of testimony, id., 341 N.C. at 529, 461 S.E.2d at 640; and 3) whether the expert's testimony is relevant. Id., 341 N.C. at 529

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Cite This Page — Counsel Stack

Bluebook (online)
645 S.E.2d 413, 184 N.C. App. 168, 2007 N.C. App. LEXIS 1325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-corriher-ncctapp-2007.