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You are here: Home / Archives for Motions & Briefs

Motions & Briefs

Challenging an officer’s identification of marijuana by sight or smell

November 16, 2020 //  by Sarah Olson

There have been several posts on this and related topics here and here. This post will attempt to compile all of the resources and walk attorneys through the process of making these challenges. N.C. Gen. Stat. § 90-87(16) provides the statutory definition of marijuana, specifically excluding from its definition industrial hemp. Industrial hemp, as defined in …

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Category: Motions & Briefs, Practice TipsForensic Discipline: Drug Analysis

Challenging identification of marijuana by sight or smell

June 18, 2019 //  by Matt Ruby

After its decriminalization at the federal level, states have begun implementing programs to oversee the production, manufacture, and distribution of hemp products. Some North Carolina farmers have been participating in a pilot program which allows the legal production of industrial hemp. Since hemp’s legalization, North Carolina faces several areas of uncertainty in enforcement of marijuana …

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Category: Announcements, Motions & BriefsTag: Hemp, MarijuanaForensic Discipline: Detection Dogs, Drug Analysis

Independent testing of blood for drugs or alcohol when a client is in custody

February 27, 2019 //  by Sarah Olson

In some cases, an attorney needs a defendant’s blood to be collected for independent toxicology testing immediately after arrest and no specimen has been collected by the state. The presence of a controlled/impairing substance and its metabolites will dissipate within hours or days, so time is of the essence if an attorney wishes to have …

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Category: Motions & BriefsForensic Discipline: Drug Analysis

Having a client declared indigent for the purpose of attaining expert assistance

June 21, 2018 //  by loganjohnson835

In some cases where an attorney has been retained, the defendant may exhaust their funds and not be able to pay for expert assistance that is needed in the case. The ability for a defendant to access expert witness assistance is protected by the Due Process Clause of the Fourteenth Amendment, but attorneys for may …

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Category: Motions & BriefsForensic Discipline: Foundations of Forensics

Sample Motion for Preservation of Forensic Evidence

July 9, 2015 //  by Sarah Olson

This motion is designed to: Preserve evidence for future testing by defense experts Remediate situations in which State testing will consume the entire sample Protect the client’s legal interests regarding the destruction of evidence An order to preserve evidence should be sought at the outset of a case. Some preservation orders prohibit all testing or …

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Category: Motions & BriefsForensic Discipline: Foundations of Forensics

Sample Motion for Independent Testing of Evidence

October 14, 2013 //  by Sarah Olson

Defense attorneys may decide to make a motion for independent testing of forensic evidence in cases where either the State has chosen not to complete forensic testing of an item of evidence or where the State has tested the item and the defense would like it to be re-tested. This issue has come up more …

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Category: Crime Labs, Motions & BriefsForensic Discipline: Drug Analysis, Toxicology

Notice and demand procedures

July 9, 2012 //  by Sarah Olson

Jessica Smith’s recent post, Don’t Look a Gift Horse in the Mouth, on the School of Government’s North Carolina Criminal Law blog reminded readers about the use notice and demand statutes in cases involving lab reports or chain of custody statements. Notice and demand statutes, in a nutshell, allow prosecutors to obtain a waiver of …

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Category: Legislation, Motions & BriefsForensic Discipline: Foundations of Forensics

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