State v. Delau, 2022-NCSC-61, ___ N.C. ___ (May. 6, 2022)

In this Buncombe County case, the Supreme Court reversed the decision of the Court of Appeals that the trial court committed prejudicial error in admitting an officer’s testimony that the defendant was driving his moped when it crashed. The Supreme Court noted that a warrant application for the defendant’s blood that was signed by the testifying officer was admitted without objection at the defendant’s trial on impaired driving charges. That application stated the officer’s conclusion, based on the circumstances he observed following the crash, that the defendant was operating the moped. In addition, the defendant’s cross-examination of the officer brought out much of the same information. Thus, the Supreme Court held that the defendant did not meet his burden to establish that a different result would have been reached had the objected-to testimony been excluded.