We want court appointed attorneys to use experts, and we want using experts to be easier for attorneys. Access to qualified expert services is essential to the provision of indigent defense. To better equip the North Carolina public defense community with the resources it needs to achieve fair and just outcomes for clients, Indigent Defense …
Experts
Cost and procedures for accessing autopsy information
Some common questions come up in homicide cases when a defense attorney needs to access information from the OCME and regional autopsy centers and speak with the forensic pathologist who performed the autopsy in the case. This post addresses some of these questions using information obtained from the four offices that perform autopsies for North …
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New Video on Working with Experts
Reposted with permission. Originally posted here on the North Carolina Criminal Law blog. I’m pleased to announce a new collaboration between the Public Defense Education team at the School of Government and Indigent Defense Services. I frequently get questions from defense lawyers about expert witnesses. Where do you find experts? How do you know which …
2021 Forensic Science Education Series: Biomechanics in Criminal Cases
The next 2021 Forensic Science Education webinar will take place March 18th at 1pm. This webinar is an exciting and unique opportunity to learn more about the field of biomechanics and how it can be used for evidentiary purposes in criminal cases. While perhaps not as often talked about as other disciplines within forensic science …
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Challenging expert testimony at trial under Rule 702
This post addresses questions that I get from defenders who are seeking to challenge the admissibility of expert testimony under NC Rule of Evidence 702. I’ll address the nuts and bolts of how and when to make a 702 challenge for attorneys who haven’t yet challenged expert testimony. All defenders should read the NC Superior …
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Forensic mental health evaluations during the COVID-19 pandemic
Several attorneys have asked about having in-custody clients evaluated for competency or purposes during the COVID-19 pandemic. I’ve talked with experts about their availability and many are available, if appropriate measures to ensure safety are in place during the mental health evaluation. There isn’t a one-size-fits-all approach to how to conduct these necessary evaluations, but …
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Working with a Mitigation Specialist in a non-capital case
Why and how to use a Mitigation Specialist in a non-capital case Attorneys who represent clients in capital cases are familiar with the requirement that someone be able to recognize the presence of mental health and psychological impairments serve as a member of the defense team. These professionals, mitigation specialists, are qualified by training and …
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Forensic assessment checklist for conducting evaluations in the correctional setting
Forensic clinicians may face challenging conditions when conducting evaluations in the correctional setting. By working together to ensure adequate testing conditions, attorneys and forensic experts can address some of these challenges. It is incumbent on the forensic clinician to consider how examination results can be affected by various factors that are especially relevant to forensic …
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Homicide: Manner of Death vs. Legal Conclusion
Like many other experts, medical examiners use terms of art which might be confusing for non-experts. The use of the term “homicide” to classify a death might confuse jurors and attorneys alike. It may, therefore, be worthwhile to take steps to ensure that a medical examiner’s testimony conveys the proper information despite using a potentially …
Working with Experts in Trial Preparation CLE
Friday, January 10, 2020NC Judicial Center, 901 Corporate Center Drive, Raleigh, NCSponsored by NC Indigent Defense Services5.0 hours of General CLE Credit anticipated The NC Office of Indigent Defense Services will offer a continuing education program that is designed to enhance the knowledge of criminal defense attorneys regarding the use of expert testimony to communicate …
Sample Expert Engagement Letter
Expert assistance can be a valuable part of a criminal case, but it is important for attorneys to communicate expectations for the working relationship. We have drafted a sample expert engagement letter which outlines the basics of confidentiality, billing, scope of work, and report writing. This letter provides experts with a summary of an attorney’s …
Probing Questions for Mental Health Experts
No matter how knowledgeable an expert is, every testimony is subject to limitations of some kind. Dr. John Zervopoulos has created a list of questions designed to help attorneys inquire about these limitations. Useful in and out of the courtroom, this resource can help challenge or strengthen the testimony of mental health experts. Link below: …
Vetting Experts – A Wake-Up Call
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 …
Does a psychology expert need to be licensed in NC?
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 …
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Post on new fees for forensic expert testimony
School of Government Professor Jessica Smith authored an informative post entitled Imposing Fees for Forensic Expert Testimony — Is It Constitutional? on the North Carolina Criminal Law blog this morning. The post looks at a new $600 fee imposed on defendants when a State Crime Lab or a local crime lab analyst testifies at trial regarding …