Sarah Marshall and Josie Duffy Rice discuss the role of unreliable scientific evidence in the criminal justice system in the Feb. 20, 2022 edition of Marshall’s “You’re Wrong About” podcast. The episode is available here. The podcast looks at several types of evidence including blood spatter and bitemark evidence. While many attorneys are familiar with …
Blog
Geofence warrant was unconstitutional
On Mar. 4, 2022, a federal judge ruled that use of geofence data in a Virginia case violated the Fourth Amendment. The decision in US v. Chatrie is available here. A geofence is law enforcement use of Google location data to find people who were near a crime scene. Geofence searches have been used in …
Webinar: Challenging the foundational validity of a forensic method
Live webinar presented by Attorney Hannah Autry, and Assistant Public Defender Samantha Grill, and Pate Skene, J.D., Ph.D.Mar. 3, 2022, 12:30-2 pm90 min of CLE credit anticipated Description:Indigent Defense Services and the Mecklenburg County Public Defender’s Office will offer a series of monthly webinars which prepare attorneys to challenge unreliable forensic science evidence in 702/Daubert …
Webinar: Challenging the foundational validity of a forensic methodRead More
State Crime Lab Updates
The State Crime Lab provided their Forensic Update Volume 6, No.1 on Jan. 24, 2022. Attorneys should review the Forensic Update to understand several changes to reports in Drug Chemistry and Toxicology effective Feb. 1, 2022, regarding no longer reporting the schedule of identified substances on drug analysis lab reports and suspending further testing of …
Announcing 2022 IDS Forensic Science Education Series
To report attendance in the 2022 series, please use this link: https://forms.gle/CZ2cYwvktuYsCEQn9 In 2021, IDS provided over 1000 hours of continuing education to dozens of NC criminal defense and parent attorneys, investigators, mitigation specialists, and experts who attended the IDS Forensic Science Education Series. It has been a great way to provide free-to-attend forensic training …
Announcing 2022 IDS Forensic Science Education SeriesRead More
Whiskey in the Courtroom 8: Evolving Trends in Forensic Science – Firearms Evidence
Indigent Defense Services, the Duke Law Center for Criminal Justice and Professional Responsibility, and the Wilson Center for Science and Justice are pleased to announce the eighth annual CLE, “Whiskey in the Courtroom: Evolving Trends in Forensic Science.” Whiskey 8 will take place on March 4, 2022 at Duke Law School. We plan to be in-person …
Whiskey in the Courtroom 8: Evolving Trends in Forensic Science – Firearms EvidenceRead More
Cost and procedures for accessing autopsy information
Some common questions come up in homicide cases when a defense attorney needs to access information from the OCME and regional autopsy centers and speak with the forensic pathologist who performed the autopsy in the case. This post addresses some of these questions using information obtained from the four offices that perform autopsies for North …
Cost and procedures for accessing autopsy informationRead More
Legal Professionals Complete 2021 IDS Forensic Science Education Series
IDS would like to recognize the following attorneys, investigators, paralegals, and mitigation specialists who completed at least 10 hours of training through the 2021 IDS Forensic Science Education Series: Dan AnthonyJulie BoyerRichard CullerMalea DrewSteven EhlersS. Stephen Goodwin Karen JacksonBellonora McCallumShelby McCoy-PettifordM. LeAnn MeltonSusan SeahornWalter SmithJanet ThomasShannon TuckerScott WaligoraKimberly WhitehouseTiffany Wilson During the year, these legal …
Legal Professionals Complete 2021 IDS Forensic Science Education SeriesRead More
Forensic Trial Litigation CLE at Duke Law
February 11 (1 pm to 5 pm) and February 12 (all day – 9 am to 5 pm). Forensic evidence, from DNA to fingerprints to ballistics, has never been more important in criminal cases. Actually litigating scientific evidence in the courtroom can be challenging and requires some specialized skills. Duke Law is excited to offer …
Changes to Remote Testimony by Lab Analysts
Defenders should make sure they are familiar with how recent legislative changes affect remote testimony by lab analysts, especially in district court. Shea Denning’s post on the School of Government Blog provides an in-depth analysis of the changes. The AOC provided a memo on the issue, available here. The AOC has also created the AOC-CR-346 …
New Video on Working with Experts
Reposted with permission. Originally posted here on the North Carolina Criminal Law blog. I’m pleased to announce a new collaboration between the Public Defense Education team at the School of Government and Indigent Defense Services. I frequently get questions from defense lawyers about expert witnesses. Where do you find experts? How do you know which …
Marijuana Impairment FAQ
Overview: Blood concentrations of THC and its metabolites are not sufficient to prove impairment. Testimony about additional signs of impairment is necessary to prove impairment. The main reasons for the disconnect between THC blood concentration and impairment is that impairment occurs in the brain, not the blood, and the chemical nature of THC causes it …
Webinar – Diagnostically Difficult Autopsy Cases: Logistics, Ethics, and Case Examples
Live webinar presented by Dr. Gregory J. Davis, MD, FCAPDecember 2, 2021, 1:00 pm105 min of CLE credit anticipated The presentation considers the purposes of a forensic autopsy or case review, focusing on cases in which the original forensic pathologist/medical examiner or other expert made a non-evidence-based diagnosis without scientific foundation, thereby catalyzing criminal charges …
Webinar – Diagnostically Difficult Autopsy Cases: Logistics, Ethics, and Case ExamplesRead More
THCA: One Abbreviation, Two Compounds
Have you received a lab report in a DWI case where blood is tested by the State Crime Lab for cannabinoids? If so, the report probably had a section that looked like this: When forensic labs test blood for marijuana, they test for the presence of delta-9-tetrahydrocannabinol (THC), which is the primary psychoactive component of …
Evaluating Animal Abuse Cases Using Veterinary Forensics
Live webinar presented by Clarissa Noureddine DVM, MS (Veterinary Forensics), MS (Biology)November 4, 2021, 1:00 pm60 min of CLE credit anticipated Animal abuse cases can be charged with strong emotions and opinions from multiple entities (e.g., general public, media, and even legal and law enforcement entities). The purpose of this webinar is to step away …
Evaluating Animal Abuse Cases Using Veterinary ForensicsRead More