Expert assistance can be a valuable part of a criminal case, but it is important for attorneys to communicate expectations for the working relationship. We have drafted a sample expert engagement letter which outlines the basics of confidentiality, billing, scope of work, and report writing. This letter provides experts with a summary of an attorney’s …
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Ways to stay informed about forensic evidence
Some attorneys have asked how they can keep up with the latest developments in forensic evidence. Along with subscribing to newsletters from this site, below is a list of websites and electronic newsletters that can help keep attorneys informed about forensic evidence issues: News Forensic Magazine – can subscribe to receive a daily email of …
Nationwide vacutainer recall raises doubts about blood alcohol tests
An announcement from Becton Dickinson and Company (BD) may raise doubts about the validity of some blood alcohol tests conducted across the country since August 31, 2018. On May 30, 2019, with a correction made June 12, 2019, BD announced a recall for its “BD Vacutainer® Fluoride Tubes for Blood Alcohol Determinations” product. Vacutainers are …
Nationwide vacutainer recall raises doubts about blood alcohol testsRead More
DNA Evidence Essentials webinar on probabilistic genotyping
A new method for interpreting DNA mixtures will be coming online in NC in the coming months. A webinar on probabilistic genotyping will be offered on Aug. 13, 2019 from 12-2 pm to train attorneys on this new methodology. This complimentary forensic science webinar is offered by the National Clearinghouse for Science, Technology, and the …
DNA Evidence Essentials webinar on probabilistic genotypingRead More
Analyst Certification Information
In 2011, the North Carolina legislature enacted a series of reforms designed to increase the accountability and accuracy of forensic evidence used in criminal trials. The Forensic Sciences Act of 2011 states that State Crime Lab analysts “shall be required to obtain individual certification consistent with international and ISO standards.” Many of the certification organizations post certified …
DNA testing issue at NMS Labs
Attorneys from several counties have received notice through discovery that their cases that their cases were potentially affected by a DNA testing issue at National Medical Services (NMS) Labs in Pennsylvania. DA’s offices in various jurisdictions have sent samples to NMS Labs for DNA testing in recent years. The issue that has been identified is …
Autopsy Viewing and OCME Tour – August 30, 2019
There will be an autopsy viewing and tour of the Office of the Chief Medical Examiner in Raleigh for defense attorneys on Friday, August 30th, 2019 starting at 8:45 am. Attorneys and defense investigators will have an opportunity to witness an autopsy and then engage in a guided tour of the OCME and its toxicology …
Some Texas District Attorneys require lab tests for marijuana charges
The Texas Legislature recently legalized the cultivation of hemp, complicating enforcement of existing marijuana laws in the state. Hemp and marijuana are the same species of plant, Cannabis sativa, and are distinguishable only through a chemical analysis which shows the THC concentration. The concentration of THC, the psychoactive compound in marijuana, is the legal difference …
Some Texas District Attorneys require lab tests for marijuana chargesRead More
Probabilistic genotyping software for interpreting DNA mixtures
NC attorneys may be aware that software programs are being adopted by crime laboratories to assist with interpreting complex DNA mixtures. The NC State Crime Laboratory is working on validating a procedure for the use of STRmix probabilistic genotyping software, which will likely go online in the coming months. It is crucial that attorneys understand …
Probabilistic genotyping software for interpreting DNA mixturesRead More
Online tracking system for Sexual Assault Evidence Collection Kits now available
In 2018, the NC General Assembly passed legislation (S.L. 2018-70) requiring the creation of the a statewide tracking system to track the testing of Sexual Assault Evidence Collection Kits (SAECKs) from collection to completion of forensic testing. The tracking system is now available for all stakeholders in the criminal justice system. For kits collected …
Online tracking system for Sexual Assault Evidence Collection Kits now availableRead More
Challenging identification of marijuana by sight or smell
After its decriminalization at the federal level, states have begun implementing programs to oversee the production, manufacture, and distribution of hemp products. Some North Carolina farmers have been participating in a pilot program which allows the legal production of industrial hemp. Since hemp’s legalization, North Carolina faces several areas of uncertainty in enforcement of marijuana …
Challenging identification of marijuana by sight or smellRead More
State Crime Lab Tour – July 26, 2019
There will be a tour of the NC State Crime Laboratory in Raleigh for defense attorneys on Friday, July 26, 2019 at 11 am. State Crime Lab staff will take attorneys and defense investigators to several sections of the lab and provide information about the techniques used by lab analysts. This is an excellent opportunity …
New Trial Ordered in DNA Case
Superior Court Judge Chris Bragg has overturned Mark Carver’s murder conviction and ordered a new trial. Mr. Carver had been convicted in 2011 of the murder of a UNC Charlotte student. Chris Mumma, executive director of the North Carolina Center on Actual Innocence, represents Mr. Carver. She argued and the court ruled that Mr. Carver …
Probing Questions for Mental Health Experts
No matter how knowledgeable an expert is, every testimony is subject to limitations of some kind. Dr. John Zervopoulos has created a list of questions designed to help attorneys inquire about these limitations. Useful in and out of the courtroom, this resource can help challenge or strengthen the testimony of mental health experts. Link below: …
Hemp or Marijuana
Originally posted on May 21, 2019 on the North Carolina Criminal Law blog. Back in November of last year, I wrote about hemp and CBD laws here. I have been teaching quite a bit on the subject lately and wanted to follow up that post with an examination of how legal use of hemp products …