North Carolina Office of Indigent Defense Services
Attorneys often ask me how to access the State Crime Lab’s procedures. I have described how to do it in the post below. I encourage everyone to request access to the procedures and records now because it may take at least one business day for your request to be granted. Once you are given access, …
How to Access NC State Crime Lab Procedures and Quality RecordsRead More
The State Crime Lab provided their Forensic Update Volume 6, No.1 on Jan. 24, 2022. Attorneys should review the Forensic Update to understand several changes to reports in Drug Chemistry and Toxicology effective Feb. 1, 2022, regarding no longer reporting the schedule of identified substances on drug analysis lab reports and suspending further testing of …
In Dec. 2020, the NC State Crime Laboratory posted a new Forensic Update for criminal justice stakeholders regarding digital evidence. The update addresses how digital evidence should be submitted to the lab and the lab’s examination capabilities. Attorneys should review the Forensic Update to have a better understanding of how the lab will process digital …
Forensic Update from North Carolina State Crime LaboratoryRead More
The NC State Crime Laboratory has updated its evidence protocols pursuant to N.C. Gen. Stat. § 15A-268, which requires that the lab review and update its minimum guidelines for the preservation of biological evidence every two years. The procedures were updated in Aug. 7, 2020. Information about these updates was shared with IDS, the Chief …
Updated requirements for handling, preservation, and storage of biological evidenceRead More
Attorneys have asked me what discovery should be available from the Office of the Chief Medical Examiner in cases where an autopsy was performed by that office. The Autopsy Report is a public record. It can be requested through the OCME website, or it can be provided through discovery. Photos, videos, or audio recordings of …
What records are available in a death investigation case?Read More
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 …
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 …
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 …
An announcement from Becton Dickinson and Company (BD) may raise doubts about the validity of some blood alcohol tests conducted across the country since August 31, 2018. On May 30, 2019, with a correction made June 12, 2019, BD announced a recall for its “BD Vacutainer® Fluoride Tubes for Blood Alcohol Determinations” product. Vacutainers are …
Nationwide vacutainer recall raises doubts about blood alcohol testsRead More
In 2011, the North Carolina legislature enacted a series of reforms designed to increase the accountability and accuracy of forensic evidence used in criminal trials. The Forensic Sciences Act of 2011 states that State Crime Lab analysts “shall be required to obtain individual certification consistent with international and ISO standards.” Many of the certification organizations post certified …
Attorneys from several counties have received notice through discovery that their cases were potentially affected by a DNA testing issue at National Medical Services (NMS) Labs in Pennsylvania. DA’s offices in various jurisdictions have sent samples to NMS Labs for DNA testing in recent years.
The Texas Legislature recently legalized the cultivation of hemp, complicating enforcement of existing marijuana laws in the state. Hemp and marijuana are the same species of plant, Cannabis sativa, and are distinguishable only through a chemical analysis which shows the THC concentration. The concentration of THC, the psychoactive compound in marijuana, is the legal difference …
Some Texas District Attorneys require lab tests for marijuana chargesRead More
In 2018, the NC General Assembly passed legislation (S.L. 2018-70) requiring the creation of the a statewide tracking system to track the testing of Sexual Assault Evidence Collection Kits (SAECKs) from collection to completion of forensic testing. The tracking system is now available for all stakeholders in the criminal justice system.
Online tracking system for Sexual Assault Evidence Collection Kits now availableRead More
There will be a tour of the NC State Crime Laboratory in Raleigh for defense attorneys on Friday, July 26, 2019 at 11 am. State Crime Lab staff will take attorneys and defense investigators to several sections of the lab and provide information about the techniques used by lab analysts. This is an excellent opportunity …
Originally posted on May 21, 2019 on the North Carolina Criminal Law blog. Back in November of last year, I wrote about hemp and CBD laws here. I have been teaching quite a bit on the subject lately and wanted to follow up that post with an examination of how legal use of hemp products …
