State v. Delau
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The Supreme Court reversed the decision of the court of appeals vacating Defendant's conviction for driving while impaired, holding that even if the admission of certain testimony was erroneous under N.C. R. Evid. 701, Defendant failed to meet his burden of showing that such assumed error was prejudicial.
At issue was the testimony of Officer Henry Carssow, who responded at the scene of a moped accident in which Defendant was involved. Officer Carssow applied for a search warrant to obtain a sample of Defendant's blood to check his blood alcohol concentration. A magistrate executed and signed the application. After Defendant's blood was drawn he was charged and ultimately convicted of unlawfully and willfully operating a motor vehicle while subject to an impairing substance. The court of appeals vacated Defendant's conviction, ruling that the trial court committed prejudicial error by admitting Officer Carssow's lay witness opinion that Defendant was driving the moped at the time of the accident. The Supreme Court reversed, holding (1) Officer Carssow's testimony was properly preserved for appeal; and (2) even if the admission of the testimony was erroneous, Defendant failed to show that such assumed error was prejudicial.
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