Attorneys have asked me whether labs test for saliva, particularly in sexual assault cases. Dr. Maher “Max” Noureddine wrote the Forensic Tests for Saliva: What you should know post for this blog in 2011. His informative post explains how forensic tests for saliva work, including limitations of these tests. He discusses the RSID-Saliva test which …
Practice Tips
New Uniform Language for Testimony and Reports documents published by US DOJ
The U.S. Department of Justice is developing guidance documents governing the testimony and reports of its forensic experts. These documents, known as “Uniform Language for Testimony and Reports,” or ULTR documents, are designed to provide guidance on the submission of scientific statements by the Department’s forensic examiners when drafting reports or testifying. The ULTRs are …
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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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Testimony regarding an inconclusive DNA mixture
Attorneys handling cases involving DNA evidence should be aware of a recent NC Court of Appeals decision, State v. Phillips, COA19-372. In Dec. 2019, the 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 …
Psychological Assessments in Legal Contexts: Are Courts Keeping “Junk Science” Out of the Courtroom?
The Association for Psychological Science published a review by Tess Neal, Christopher Slobogin, Michael Saks, David Faigman, and Kurt Geisinger on the psychological assessment tools used by forensic psychologists. The study found 67% are generally accepted in the field and only about 40% have generally favorable reviews of their psychometric and technical properties. The study …
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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What records are available in a death investigation case?
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 …
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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 …
Carts, Wax, and Oh, My: The New World of Marijuana Extracts
Originally posted on Nov. 12, 2019 on the North Carolina Criminal Law blog. The advent of cannabis legalization across the country has led to a proliferation of new types of cannabis products. There are skin patches, food and drinks (for humans and pets), vaporizer or “vape” cartridges (or “carts”), and different concentrate or extract products (“dabs”, “wax” or “shatter”, among other names). [Click …
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Are There Really Flaws in Cell Phone Location Evidence?
Originally posted on the Envista Forensics Blog on Oct. 7, 2019 by Larry Daniel, Spencer McInvaille, Eric Grabski The amount of cell phone record location information being admitted as evidence in trial is occurring at an unprecedented rate. Juries across the U.S., and globally are being presented with call detail record analysis as evidence of …
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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: …
Hemp or Marijuana
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 …
NACDL’s Fourth Amendment Center Offers Direct Assistance to Defense Lawyers
NACDL’s Fourth Amendment Center now offers direct assistance to defense lawyers handling cases involving new technologies and tactics that may infringe on privacy rights of Americans. The Center’s staff is available to help members of the defense bar in bringing new Fourth Amendment challenges, providing a range of support from training and resources to expert …
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