Case Summaries: N.C. Court of Appeals (Dec. 3, 2025)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 3, 2025. Trial court did not err by admitting expert testimony on historical cell-site handoff analysis; Defendants failed to preserve an objection to an alleged discovery violation; and Defendants failed to show ineffective assistance of counsel in not objecting to the expert testimony. State v. Allen & Rush, No. COA25-336 (N.C. Ct. App. Dec. 3, 2025) (Forsyth County). On March 25, 2022, Defendants Allen and Rush committed a drive-by shooting at Kermit’s Hot Dog restaurant (“Kermit’s”) in Winston-Salem, injuring three victims. At trial, FBI Agent Harrison Putman testified as an expert in historical cell site analysis. Though his initial written report indicated that neither of Defendants’ phones had initiated cell site service in the area around Kermit’s on the day of the shooting, Agent Putman testified at trial that around 2 p.m., Defendant Rush’s phone had used the cell tower site next to Kermit’s, which he described as “handoff” data stored by the cell service providers. Agent Putman based this opinion on voluminous data from the cell service providers. Both Defendants were convicted of two counts of assault with a deadly weapon with intent to kill inflicting serious injury, one count of assault with a deadly weapon with intent to kill, and seven counts of discharging a firearm into occupied property. Both Defendants appealed. Before the Court of Appeals, both Defendants argued that (1) the trial court erred by admitting Agent Putman’s expert testimony [...]