State v. Irick, 291 N.C. 480, 491-492 (1977)

In cases where fingerprint evidence is the only evidence connecting the defendant to the crime, attorneys should consider the Irick rule. State v. Irick, 291 N.C. 480, 491-492 (1977) holds that “[f]ingerprint evidence, standing alone, is sufficient to withstand a motion for nonsuit only if there is ‘substantial evidence of circumstances from which the jury can find that the fingerprints could only have been impressed at the time the crime was committed.'” Where the fingerprint was impressed upon an easily movable object, like a roll of duct tape, attorneys should consider both Irick and the Fourth Circuit opinion U.S. v. Strayhorn, 743 F.3d 917 (2014) which held that “a fingerprint on an easily moveable object with no evidence of when it was imprinted is sufficient to support a conviction only when it is accompanied by additional incriminating evidence…”