North Carolina Office of Indigent Defense Services
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. My post will provide a few practice …
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 …
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 …
Working with a Mitigation Specialist in a non-capital caseRead More
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 …
Forensic assessment checklist for conducting evaluations in the correctional settingRead 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
