North Carolina Office of Indigent Defense Services
The NC Office of Indigent Defense Services will offer a series of free presentations on digital evidence that are designed to enhance the knowledge of criminal defense attorneys. Available for CLE credit, these programs will occur at lunchtime in various locations around central North Carolina. Participants receiving CLE credit will be billed $3.50 per credit …
Digital Evidence Series: Part I – Cell Phone Location Evidence for Legal ProfessionalsRead More
School of Government Professor Jessie Smith has drafted a new chapter on Expert Testimony for the NC Superior Court Judge’s Benchbook. I’ve already heard one judge say from the bench that he had it open as he was considering a 702 challenge to expert testimony. Because this is a resource that judges look to, defenders …
Attorneys who are handling cases involving arson allegations should be aware of the Forensic Science Assessments: A Quality and Gap Analysis – Fire Investigation publication that was released this month (July 2017). The report was produced by the American Association for the Advancement of Science (AAAS). The report looks at the discipline of fire investigations and …
The Scientific Working Group on Friction Ridge Analysis, Study and Technology (SWGFAST) has a sufficiency graph for fingerprint comparison that may be useful for attorneys to use when discussing fingerprint comparisons with experts. The sufficiency graph reflects the interplay between quality and quantity of minutiae. Minutiae are small details that are used in comparing one …
With a focus on Fourth Amendment concerns, the National Association of Criminal Defense Lawyers (NACDL) recently began a series of surveillance primers. The first primers in the series provide information on Automated License Plate Readers, Cell Phone Location Tracking, and Cell Site Simulators. NACDL will periodically release more primers on surveillance technologies. These documents are …
The President’s Council of Advisors on Science and Technology (PCAST) report on Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods was released on September 20, 2016. (Available for free download here.) The PCAST report gives an in-depth look at the current state of certain forensic science disciplines. It makes recommendations as to …
It can be frustrating when a term means something to one discipline yet has a different definition when used in another discipline. Thus, together with the Forensic Technology Center of Excellence (FTCoE), the Center for Nursing Excellence International (CFNEI) has released a glossary of terms used in sexual assault cases. The Multidiscipline Sexual Assault Glossary …
Take a tour inside a state-operated crime lab with Professor Carol Henderson, Director of Stetson’s National Clearinghouse for Science, Technology, and the Law (NCSTL); Ann Talbot, the director of the Metro Nashville, Police Department Crime Laboratory; and Christine Funk, a criminal defense attorney with over 20 years of practice experience. Crime Laboratory Essentials is a webinar …
As the sensitivity of DNA analysis increases, scientists are able to develop profiles from ever-smaller samples of DNA. This has lead to testing of a wider array of samples collected from crime scenes, including window panes, bullets, hats and other clothing, cigarette butts, and many other items. Attorneys sometimes ask me about the likelihood of …
The NC Department of Public Safety (DPS) has begun relying on less accurate presumptive testing for urine screens for drugs for probation, prison, and DSS cases. The focus of this post will be probation cases, though the testing is the same for prison and DSS cases. Testing Prior to 2014 Until February 2014, the Department …
Reliability Concerns Regarding Probation Drug ScreensRead More
This motion is designed to: Preserve evidence for future testing by defense experts Remediate situations in which State testing will consume the entire sample Protect the client’s legal interests regarding the destruction of evidence An order to preserve evidence should be sought at the outset of a case. Some preservation orders prohibit all testing or …
Sample Motion for Preservation of Forensic EvidenceRead More
A recent meeting with a supposed forensic psychology expert reminded me of the importance of attorneys always vetting their own experts. This individual was referred to me by another trusted expert. After our initial meeting, I started looking in to his credentials and quickly learned that he did not have a Ph.D. and was not licensed …
Attorneys may need the services of a psychologist to evaluate whether a client is competent to stand trial, to present evidence regarding a mental health defense or mitigation, or to perform other psychological testing of a client. Attorneys have asked me whether a psychologist needs to be licensed in NC to perform these services. I’ll …
Does a psychology expert need to be licensed in NC?Read More
In State v. Carter, 237 N.C. App. 274 (2014) the NC Court of Appeals found that a trial court abused its discretion by admitting an officer’s testimony that narcotics indicator field test kits indicated the presence of cocaine on various items. The court cited State v. Ward, 364 N.C. 133, 142 (2010) which held that “expert witness testimony required …
The National Commission on Forensic Science has released six documents for public review and comment. The Commission’s recommendations, if adopted, will be recommendations to the Attorney General of the United States. However, they may become recognized as best practices for practitioners and courts dealing with forensic evidence. Attorneys or others who wish to comment on these recommendations …
Draft Policy Recommendations by the National Commission on Forensic ScienceRead More
