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You are here: Home / Archives for Cases

Cases

State v. Booth and marijuana identification

October 26, 2022 //  by Phil Dixon, Jr.

In case you missed it, the COA released State v. Booth on Oct. 18, 2022, dealing in part with lay opinions by officers identifying marijuana as such based on sight and odor only and without a proper lab test identifying the levels of delta-9 THC. The officer in Booth was permitted to testify that he could …

State v. Booth and marijuana identificationRead More

Category: CasesForensic Discipline: Drug Analysis

Hemp remains legal in NC

July 1, 2022 //  by Sarah Olson

With Governor Cooper signing it into law yesterday Senate Bill 455 which permanently excludes hemp from the legal definition of marijuana under state law in NC, hemp’s future as a widely-available consumer product in our state seems secure. Under the new legislation, the previous requirement that the hemp be cultivated or possessed by a grower …

Hemp remains legal in NCRead More

Category: Cases, ResourcesForensic Discipline: Drug Analysis

Geofence warrant was unconstitutional

March 8, 2022 //  by Sarah Olson

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 …

Geofence warrant was unconstitutionalRead More

Category: CasesForensic Discipline: Digital Evidence

DNA-only evidence not sufficient in CT case

August 14, 2021 //  by Sarah Olson

State v. Andre Dawson (2021) – Connecticut Supreme Court found that the state failed to present sufficient evidence of constructive possession where the defendant could not be excluded from a DNA mixture containing a partial profile found on a firearm.

DNA-only evidence not sufficient in CT caseRead More

Category: CasesForensic Discipline: DNA

State v. Sasek: Importance of making 702 challenges at trial

May 27, 2020 //  by Alec Rees

On May 19th, 2020 the North Carolina Court of Appeals issued its opinion State v. Sasek. Mr. Sasek was convicted in March of 2019 of possession with intent to sell or deliver a schedule II controlled substance and sale of methamphetamine, which led to the revocation of his probation. Defense counsel should be aware of …

State v. Sasek: Importance of making 702 challenges at trialRead More

Category: CasesForensic Discipline: Drug Recognition Experts

Noteworthy NC COA fingerprint opinion

April 15, 2020 //  by Sarah Olson

Defenders should take note of State v. Koiyan, COA19-951, an April 7, 2020 decision where the NC Court of Appeals found that the trial court erred by admitting fingerprint testimony where the examiner “failed to demonstrate that he ‘applied the principles and methods reliably to the facts of the case,’ as required by Rule 702(a)(3).” …

Noteworthy NC COA fingerprint opinionRead More

Category: CasesForensic Discipline: Fingerprints

Testimony regarding an inconclusive DNA mixture

February 27, 2020 //  by Sarah Olson

State v. Phillips, COA19-372 (Dec. 2019) – NC Court of Appeals found that the admission of testimony about an inconclusive DNA mixture was expert testimony, was not based on sufficient facts or data nor is the product of is the product of reliable scientific principles and methods, and that the trial court erred in admitting the testimony which prejudiced the defendant.

Testimony regarding an inconclusive DNA mixtureRead More

Category: Cases, Practice TipsForensic Discipline: DNA

MI federal judge disallows testimony about DNA mixture interpretation

November 6, 2019 //  by Sarah Olson

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

Category: CasesForensic Discipline: DNA

Granting of new trial in capital case with unreliable DNA evidence affirmed

October 7, 2019 //  by annmt

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

Category: CasesForensic Discipline: DNA

New Trial Ordered in DNA Case

June 6, 2019 //  by Matt Ruby

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 …

New Trial Ordered in DNA CaseRead More

Category: CasesForensic Discipline: DNA, Mental Health

Happy National DNA Day!

April 25, 2018 //  by Sarah Olson

If you handle cases involving DNA evidence and don’t know the story of Lukis Anderson, stop what you are doing and take a few minutes to observe National DNA Day by reading this great article by Katie Worth of The Marshall Project. Mr. Anderson was a homeless man living in San Jose, CA whose DNA was found …

Happy National DNA Day!Read More

Category: Cases, Practice TipsForensic Discipline: DNA

Rare medical condition, not shaking, caused baby’s death

March 13, 2018 //  by Sarah Olson

Murder charges were dropped recently against a father in Randolph County charged with the death of his 11-week-old daughter. The baby’s treating physician indicated the death was caused by shaking or blunt force trauma. The defendant spent 158 days in jail prior to the charges being dismissed. The charges were dismissed when the forensic pathologist, …

Rare medical condition, not shaking, caused baby’s deathRead More

Category: CasesForensic Discipline: Child Abuse Allegations

Mass. Supreme Court Considers Relevance of FSTs for Marijuana Impairment

November 29, 2017 //  by Phil Dixon, Jr.

Any practitioner that handles driving while impaired charges knows the significance of field-sobriety tests (“FSTs”) to the investigation and prosecution of drunk driving. Scientific research supports the basic idea behind the tests — that test performance on FSTs is an indicator of alcohol impairment. What about when the impairing substance isn’t alcohol at all? Do …

Mass. Supreme Court Considers Relevance of FSTs for Marijuana ImpairmentRead More

Category: CasesForensic Discipline: Toxicology

Admissibility of field test kit results

November 19, 2014 //  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 …

Admissibility of field test kit resultsRead More

Category: CasesForensic Discipline: Drug Analysis

Stingrays and Privacy

October 29, 2014 //  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 …

Stingrays and PrivacyRead More

Category: CasesForensic Discipline: Digital Evidence

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