The question of how to have forensic evidence tested or re-tested by an independent laboratory comes up in my case consultations. This post will outline the general process of requesting that evidence be independently tested in a court-appointed case, and I am happy to talk with attorneys about their specific cases and help weigh the …
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Homicide: Manner of Death vs. Legal Conclusion
Like many other experts, medical examiners use terms of art which might be confusing for non-experts. The use of the term “homicide” to classify a death might confuse jurors and attorneys alike. It may, therefore, be worthwhile to take steps to ensure that a medical examiner’s testimony conveys the proper information despite using a potentially …
Strategic Litigation assistance available
Below is an offer of support from Chris Fabricant at the Strategic Litigation department at the Innocence Project in NY. The Strategic Litigation department at the Innocence Project works to address the leading contributing causes of wrongful conviction: unvalidated and misapplied forensic science, eyewitness misidentification evidence, and false confessions. We are writing to express our …
Working with Experts in Trial Preparation CLE
Friday, January 10, 2020NC Judicial Center, 901 Corporate Center Drive, Raleigh, NCSponsored by NC Indigent Defense Services5.0 hours of General CLE Credit anticipated The NC Office of Indigent Defense Services will offer a continuing education program that is designed to enhance the knowledge of criminal defense attorneys regarding the use of expert testimony to communicate …
Carts, Wax, and Oh, My: The New World of Marijuana Extracts
Originally posted on Nov. 12, 2019 on the North Carolina Criminal Law blog. The advent of cannabis legalization across the country has led to a proliferation of new types of cannabis products. There are skin patches, food and drinks (for humans and pets), vaporizer or “vape” cartridges (or “carts”), and different concentrate or extract products (“dabs”, “wax” or “shatter”, among other names). [Click …
Carts, Wax, and Oh, My: The New World of Marijuana ExtractsRead More
MI federal judge disallows testimony about DNA mixture interpretation
Oct. 2019 – United States District Judge found that in a case involving interpretation of a complex DNA mixture where the relevant contributor contributed 7% of the DNA in the mixture, the STRmix software report did not meet the Daubert reliability standard for admissibility as evidence.
MI federal judge disallows testimony about DNA mixture interpretationRead More
DNA Mixture Interpretation CLE: Conventional and Software-driven Probabilistic Genotyping Methods
As forensic labs are transitioning to a new method of interpreting DNA mixtures using software-driven probabilistic genotyping methods, attorneys will need to become familiar with the changes that are coming to lab reports and testimony. The Mecklenburg County Public Defender’s Office is hosting a free to attend CLE on DNA Mixture Interpretation: Conventional and Software-driven Probabilistic …
Are There Really Flaws in Cell Phone Location Evidence?
Originally posted on the Envista Forensics Blog on Oct. 7, 2019 by Larry Daniel, Spencer McInvaille, Eric Grabski The amount of cell phone record location information being admitted as evidence in trial is occurring at an unprecedented rate. Juries across the U.S., and globally are being presented with call detail record analysis as evidence of …
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Granting of new trial in capital case with unreliable DNA evidence affirmed
In 2010, Michael Ryan was convicted of first degree murder and sentenced to death for a 2007 homicide. While the case was on direct appeal and as a result of the Motion for Appropriate Relief hearing, an order issued by Judge W. Erwin Spainhour granted Michael Ryan a new trial in 2017. The State appealed …
Granting of new trial in capital case with unreliable DNA evidence affirmedRead More
Forensic Trial Litigation CLE at Duke Law
October 19 (1 pm to 5 pm) and October 20 (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 University School of Law is …
Visit to the Office of the Chief Medical Examiner
On Friday, August 30, 2019, a group of 20 attorneys, investigators, and law students visited the Office of the Chief Medical Examiner (OCME). The group met with Dr. Michelle Aurelius, who became the Chief Medical Examiner following Dr. Deborah Radisch’s retirement earlier this summer. The group also met with Brad Brecher, the Agency Legal Consultant …
Latent Fingerprint Essentials Webinar
Stetson University College of Law National Clearinghouse for Science, Technology and the Law will present a complimentary forensic science webinar on Monday, September 16, 2019 12:00-2:00 p.m. EST. Dr. William C. Thompson will present Latent Fingerprints Essentials, focusing on: An overview of the forensic science discipline Legal concerns and what attorneys should know about latent …
Open Forum with the NC State Crime Laboratory CLE
Friday, October 4, 2019 NC Judicial Center, 901 Corporate Center Drive, Raleigh, NC Co-sponsored by the NC State Crime Laboratory & Office of Indigent Defense Services The NC State Crime Laboratory and NC Office of Indigent Defense Services will offer a free-to-attend CLE that is designed to enhance the knowledge of criminal defense attorneys and …
Sample Expert Engagement Letter
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 …
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 …