State v. Crane, 837 S.E.2d 607

On Nov. 28, 2015, Crane was involved in a nighttime collision between his moped and a car; he was hospitalized and later cited for driving while impaired.
Trooper Jonathan Gibbs responded, observed signs of intoxication, and twice smelled alcohol; Crane admitted drinking and refused a portable breath test; hospital blood test later showed 0.16 BAC.
Gibbs investigated the crash scene, took measurements, prepared diagrams, and later testified about vehicle positions and tire marks; Gibbs did not witness the collision.
At trial, Gibbs testified (on direct and rebuttal) about the moped being in the right-hand lane and tire marks indicating the point of impact.
Defense counsel elicited some of Gibbs’s lane-location testimony on cross-examination; Crane also testified about Gibbs showing him tire-mark locations after the crash.
Crane appealed, arguing Gibbs’s testimony was improper lay opinion/expert reconstruction by a non-expert; the State argued Crane invited any alleged error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of Trooper Gibbs’s testimony about vehicle position and point of impact (lay vs expert opinion)	State: Any alleged error was invited by Crane (eliciting the testimony) and thus waived	Crane: Gibbs’s testimony was improper lay opinion or, if expert, Gibbs was not qualified as an accident reconstruction expert	Court: Appeal dismissed — Crane invited the error and waived appellate review, including plain error

State v. Barber, 147 N.C. App. 69 (N.C. Ct. App. 2001) (invited error by defendant waives appellate review, including plain-error review)
State v. Gobal, 186 N.C. App. 308 (N.C. Ct. App. 2007) (statements elicited by defendant on cross-examination constitute invited error)
State v. Steen, 226 N.C. App. 568 (N.C. Ct. App. 2013) (defendant’s own similar testimony waives challenge to witness testimony)
State v. Rivers, 324 N.C. 573 (N.C. 1989) (defendant who elicits testimony on cross-examination and fails to object waives appellate review)