This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 16, 2022. This summary will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. (1) Objection must be made in the presence of the jury at the time evidence is offered to preserve objection for appeal; (2) objection to jury instruction must be made before the jury retires to preserve objection for appeal. State v. McIver, 2022-NCCOA-561, ___ N.C. App. ___ (Aug. 16, 2022). In this Cumberland County case, defendant appealed his convictions for first degree murder and robbery based upon (1) the admission of expert testimony regarding cell phone locations and (2) a jury instruction on defendant’s flight from the scene. The Court of Appeals found no error by the trial court and affirmed defendant’s convictions. Defendant and an accomplice were driven to the house of a woman known to sell marijuana in Fayetteville. After defendant and his accomplice were dropped off near the home, shots were fired, and witnesses saw men matching their descriptions leaving the home. In addition to the testimony of eyewitnesses, the State offered the testimony of an expert in cell phone analytics from the Fayetteville Police Department, and a GeoTime report plotting the location of cellphones associated with the victim and the driver of the vehicle that brought defendant to the scene. The Court of Appeals first reviewed defendant’s objection to the cell phone expert, and noted [...]