North Carolina Office of Indigent Defense Services
// by Sacejewia White
The Maryland Supreme Court granted a new trial after deciding that a firearms examiner should not have been permitted to offer an unqualified opinion that the crime scene bullets were fired from the defendant’s gun. Specifically, the reports, studies, and testimony relied on by the examiner did not demonstrate that the firearms identification methodology employed …
Limits Imposed on Ballistics Evidence by MD Supreme CourtRead More
// by Sacejewia White
Case Background Last September, the NACDL joined forces with the Electronic Frontier Foundation (EFF) and the Electronic Privacy Information Center (EPIC) to file an amicus brief in support of the defense in New Jersey v. Arteaga. The question before the Appellate Division was whether the defense is entitled to information about how a face recognition search …
NJ Appellate Decision: Defense Entitled to Face Recognition InformationRead More
// 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 …
// 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 …
// 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 …
// 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.
// 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
// 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).” …
// 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.
// 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
// 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
// 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 …
// 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 …
// 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
// 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