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 …
Cases
Hemp remains legal in NC
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 …
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 …
DNA-only evidence not sufficient in CT case
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.
State v. Sasek: Importance of making 702 challenges at trial
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
Noteworthy NC COA fingerprint opinion
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).” …
Testimony regarding an inconclusive DNA mixture
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.
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
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
New Trial Ordered in DNA Case
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 …
Happy National DNA Day!
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 …
Rare medical condition, not shaking, caused baby’s death
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
Mass. Supreme Court Considers Relevance of FSTs for Marijuana Impairment
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
Admissibility of field test kit results
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 …
Stingrays and Privacy
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 …