North Carolina Office of Indigent Defense Services
// by Sarah Olson
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
// by Sarah Olson
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
// by burkedj2
The American Association for the Advancement of Science (AAAS) announced that it will begin conducting an analysis of the scientific bases for ten forensic disciplines. Through funding from the Laura and John Arnold Foundation, AAAS plans to review the current scientific studies regarding the procedures and testimony of forensic experts. This analysis is a direct …
AAAS Responds to the NAS’s call for Research Backing Forensic ScienceRead More
// by burkedj2
The director of a lab recognized by the International Association of Chiefs of Police for forensic science excellence has called field drug testing kits “totally useless” due to the possibility of false positives. In laboratory experiments, at least two brands of field testing kits have been shown to produce false positives in tests of Mucinex, …
// by cmoneill125
According to the North American Entomology Association, it is easy for investigators to attribute postmortem damage to a body due to insect activity to antemortem occurrences. Studies have shown that the insects that feed on decaying bodies often leave behind marks or abrasions that can be misinterpreted by investigators. A recent study conducted at the …
Postmortem insect activity may be mistaken for antemortem woundsRead More
// by phoebewdee
As public defenders, we struggle with challenging clients: clients who don’t trust us, clients who refuse to hear our best advice, and clients who sometimes lash out at us in ways that are difficult to absorb, let alone understand. Most of our challenging clients are mentally ill and a significant percentage of those have poorly …
// by Sarah Olson
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 …
// by Sarah Olson
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
// by Sarah Olson
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 …
// by Sarah Olson
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
// by stellaak
The Florida Supreme Court recently issued an opinion holding that the Fourth Amendment protections apply to real time cell site location information. The court distinguishes real-time cell site location records from historical data, emphasizing that historical cell site location records are not at issue in this case. This real time location surveillance is done with …
// by Sarah Olson
The National Association of Criminal Defense Lawyers (NACDL) is offering a new program of scholarship assistance for indigent defense providers. The scholarships will be available to public defenders, contractors, and private appointed counsel to allow defenders to attend criminal defense training programs nationwide. These grant-supported scholarships will be awarded in the form of full or …
NACDL Offers New Training Scholarship for Indigent Defense AttorneysRead More
// by Sarah Olson
Many attorneys have asked me what should be included in a lab report from the State Crime Lab. Often in District Court DWI cases or through discovery, defense attorneys receive only a 1-2 page report called a Lab Report. For each case that is analyzed by the State Crime Laboratory, the lab produces a Case …
// by Sarah Olson
by Emily Zvejnieks Familial DNA testing, an innovative yet highly controversial technique, is being used in several states. This blog post will provide an explanation of what familial DNA testing entails and briefly discuss its Fourth Amendment implications. In standard DNA testing where there is an unknown sample, that unknown sample may be compared against …
// by astandardncpls
For the past decade, the theory of shaken baby syndrome has been under attack. See here and here. In January, the U.S. District Court of the Northern District of Illinois granted Defendant Jennifer Del Prete’s habeas corpus petition where her conviction for first degree murder was based on faulty evidence of shaken baby syndrome. Del …
Shaken Baby Syndrome: How Bad Science Can Result in False ConfessionsRead More