The Uniform Interstate Depositions and Discovery Act (UIDDA) is a useful way to request discoverable documents which are located in another state via subpoena duces tecum. While most states have adopted some form of UIDDA, others lag behind. As of February 2017, Massachusetts, Maine, Connecticut, Florida, Missouri, Nebraska, Texas, Wyoming and Puerto Rico have not …
Practice Tips
SWGFAST Sufficiency Graph
The Scientific Working Group on Friction Ridge Analysis, Study and Technology (SWGFAST) has a sufficiency graph for fingerprint comparison that may be useful for attorneys to use when discussing fingerprint comparisons with experts. The sufficiency graph reflects the interplay between quality and quantity of minutiae. Minutiae are small details that are used in comparing one …
Using the PCAST Report in the Courtroom
The President’s Council of Advisors on Science and Technology (PCAST) report on Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods was released on September 20, 2016. (Available for free download here.) The PCAST report gives an in-depth look at the current state of certain forensic science disciplines. It makes recommendations as to …
Center for Nursing Excellence International Releases Multidisciplinary Sexual Assault Glossary
It can be frustrating when a term means something to one discipline yet has a different definition when used in another discipline. Thus, together with the Forensic Technology Center of Excellence (FTCoE), the Center for Nursing Excellence International (CFNEI) has released a glossary of terms used in sexual assault cases. The Multidiscipline Sexual Assault Glossary …
Toxicology Testing by NMS Labs – FAQ
Many attorneys have asked us about blood-drug (and some blood-drug and alcohol) testing performed by NMS Labs. We have compiled the questions and our answers here. If you have additional questions, please post them in the comments and we will try to answer them as well. Let’s make this a living document! The toxicology evidence …
Reliability Concerns Regarding Probation Drug Screens
The NC Department of Public Safety (DPS) has begun relying on less accurate presumptive testing for urine screens for drugs for probation, prison, and DSS cases. The focus of this post will be probation cases, though the testing is the same for prison and DSS cases. Testing Prior to 2014 Until February 2014, the Department …
Reliability Concerns Regarding Probation Drug ScreensRead More
Documenting a client’s symptoms of mental illness
As public defenders, we struggle with challenging clients: clients who don’t trust us, clients who refuse to hear our best advice, and clients who sometimes lash out at us in ways that are difficult to absorb, let alone understand. Most of our challenging clients are mentally ill and a significant percentage of those have poorly …
Familial DNA Testing
by Emily Zvejnieks Familial DNA testing, an innovative yet highly controversial technique, is being used in several states. This blog post will provide an explanation of what familial DNA testing entails and briefly discuss its Fourth Amendment implications. In standard DNA testing where there is an unknown sample, that unknown sample may be compared against …
Stingrays: What defense attorneys need to know
Law enforcement agencies nationwide have been secretly using IMSI (international mobile subscriber identity) catchers to track suspects through their cell phones. Typically this surveillance occurs without a warrant or court order. Also called “Stingray,” this device tracks cell phones using the radiofrequency signals radiating from the phone. The device is a shoebox-sized receptor that mimics …
Strategic Litigation at the Innocence Project: Fighting to Change the Law around the Leading Causes of Wrongful Conviction
by M. Chris Fabricant and Karen Newirth The Innocence Project is seeking partners to litigate test cases involving unreliable forensic sciences and eyewitness misidentification. Attorneys with cases of potential interest should contact the IP directly at the email address provided below. On the morning of November 3, 1984, 63-year-old Ione Cychosz was found dead in …
Meeting with lab analysts and forensic pathologists prior to trial
Lab analysts at the State Crime Lab and forensic pathologists and toxicologists at the Office of the Chief Medical Examiner (OCME) are available to discuss cases with attorneys prior to trial. These experts can provide important information about the tests that were performed, the limitations of those tests, and the possibility of doing additional testing. Attorneys and …
Meeting with lab analysts and forensic pathologists prior to trialRead More
Techniques for Collecting and Analyzing Fingerprints
Fingerprint evidence left behind by a suspect or victim may identify who was at a crime scene and what he or she touched. However, it is important for defense attorneys to know, and to inform the jury, that the techniques used to locate and identify fingerprints are far from a perfect science. An understanding of …
Techniques for Collecting and Analyzing FingerprintsRead More
Reports of Problems with Polygraph Test
A recent piece of investigative journalism by Marisa Taylor of McClatchy Newspapers has created even more skepticism about the already scientifically-questionable polygraph test. Although polygraph test results are not admissible as evidence in most U.S. courts, the results of a polygraph test play a major role in the police investigation, often times helping the police …
The “Birthday Problem”
Defense attorneys interested in learning more about DNA statistics might find the following articles interesting because the “birthday problem” is analogous to looking for partial matches in a DNA database. The birthday problem is a classic puzzle that asks if you had a room full of people, how many people would you need in the …
Forensic Tests for Semen: What you should know
By Maher Noureddine, Ph.D., President: ForensiGen, LLC Second in the series: Bodily Fluids and Forensics First, the biological facts about semen: Seminal fluid is a complex mixture of secretions from at least four male urogenital glands. The seminal vesicle gland contributes approximately 60% to this mixture, the prostate gland contributes approximately 30%, and the combined …