State v. Hairston, 262 N.C.App. 106, 820 S.E.2d 590 (Oct. 16, 2018)

The defendant failed to preserve for appellate review his assertion of error regarding testimony by the State’s expert in firearms and tool mark examination. On appeal, the defendant argued that the trial court committed plain error in allowing the expert’s testimony, asserting that unqualified tool mark identification is too unreliable to comply with Daubert. The court declined to reach the issue, finding that the defendant invited the error by eliciting the expert’s unqualified opinion. At no point in the State’s questioning did the expert state any particular degree of certainty, posit that her finding was absolutely conclusive, claim that her opinion was free from error, or expressly discount the possibility that the casings could have been fired from different guns. That testimony came instead on cross-examination by defense counsel.