North Carolina Office of Indigent Defense Services
Originally posted on North Carolina Criminal Law – A UNC School of Government Blog Readers may have heard of the plant commonly known as khat or qat (or Catha edulis, for the botanically inclined). The plant is indigenous to Africa and is popular in parts of that continent, as well as parts of the Middle East, and is …
<a href="https://nccriminallaw.sog.unc.edu/possession-of-khat/">Possession of Khat</a>Read More
Whether the prosecution can use rap lyrics as evidence of a defendant’s guilt comes up regularly in criminal cases. Researchers have found evidence of rap lyrics being introduced in hundreds of criminal cases nationwide. In North Carolina, the use of rap lyrics was upheld in the unpublished Court of Appeals decision, State v. Allen, NC …
Last week an article in The Assembly, The Shooter in the Video, came across my virtual desk. The article focused on the case of James Richardson, who was convicted of murder in Pitt County in 2011, and the work of his family, supporters and his post-conviction attorney Heather Rattelade to overturn his conviction. A key …
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 …
Cost and procedures for accessing autopsy informationRead More
Defenders should make sure they are familiar with how recent legislative changes affect remote testimony by lab analysts, especially in district court. Shea Denning’s post on the School of Government Blog provides an in-depth analysis of the changes. The AOC provided a memo on the issue, available here. The AOC has also created the AOC-CR-346 …
Overview: Blood concentrations of THC and its metabolites are not sufficient to prove impairment. Testimony about additional signs of impairment is necessary to prove impairment. The main reasons for the disconnect between THC blood concentration and impairment is that impairment occurs in the brain, not the blood, and the chemical nature of THC causes it …
Have you received a lab report in a DWI case where blood is tested by the State Crime Lab for cannabinoids? If so, the report probably had a section that looked like this: When forensic labs test blood for marijuana, they test for the presence of delta-9-tetrahydrocannabinol (THC), which is the primary psychoactive component of …
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 …
Challenging expert testimony at trial under Rule 702Read More
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 …
Challenging an officer’s identification of marijuana by sight or smellRead More
I posted in June 2020 about conducting mental health evaluations on in-custody clients during the COVID-19 pandemic here. In some cases, evaluations have proceeded. In others, defense teams have sought motions to continue to the dangers inherent in-person mental health evaluations of in-custody clients during the COVID-19 pandemic. This declaration by epidemiologist Eric T. Lofgren, …
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 …
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 …
New Uniform Language for Testimony and Reports documents published by US DOJRead More
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 …
Forensic mental health evaluations during the COVID-19 pandemicRead More
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.
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 …
