Jeff wrote last June about the North Carolina Supreme Court’s opinion in State v. Ward, which held that the trial court abused its discretion by permitting an expert chemist to identify pills as controlled substances based solely on a visual inspection and comparison with medical literature, as this methodology was not sufficiently reliable pursuant to Rule 702 of the North Carolina Rules of Evidence. Ward stated in dicta that “[u]nless the State establishes before trial that another method of identification is sufficient to establish the identity of the alleged controlled substance beyond a reasonable doubt, some form of scientifically valid chemical analysis is required.” This statement echoed dicta in an earlier opinion, State v. Llamas Hernandez, discussed here, 189 N.C. App. 640 (2008) (dissenting op.), reversed for reasons stated in dissenting opinion, 363 N.C. 8 (2009), in which the court opined that by enacting a scientific definition of cocaine, the legislature clearly expressed its intent that expert testimony based on laboratory analysis be required to establish that a substance is a controlled substance. Many, including me, wondered post-Ward whether the State’s failure to introduce a chemical analysis at a defendant’s trial on drug charges rendered the evidence insufficient to establish the defendant’s guilt beyond a reasonable doubt. Might the sufficiency of the evidence depend on the type of drug? Compare State v. Fletcher, 92 N.C. App. 50 (1988) (expert testimony from experienced officer identifying marijuana properly admitted; absence of chemical analysis did not render State’s evidence insufficient) with State v. Llamas-Hernandez, [...]
Faculty Coordinators
