State v. Walston, 229 N.C. App. 141 (Aug. 20, 2013)

rev’d on other grounds, 367 N.C. 721 (Jan. 23, 2014)

For purposes of applying the effective date of the amendment to Rule 702 (the amended rule applies to actions "arising on or after" 1 October 2011), in a case where a superseding indictment is used, the relevant date is the date the superseding indictment is filed, not the filing date of the original indictment.