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North Carolina Office of Indigent Defense Services

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You are here: Home / Archives for Cases

Cases

State v. Gallion

March 15, 2022 //  by Sarah Olson

COA found no plain error in allowing firearm identification testimony. Former NCSCL analyst Wilson testified in detail about her methodology, but provided little information about application of the method to the case at hand.

State v. GallionRead More

Resource Category: CasesForensic Discipline: Firearms

US v. Chatrie

March 8, 2022 //  by Sarah Olson

EDVA decision holding a geofence warrant was unconstitutional.

US v. ChatrieRead More

Resource Category: CasesForensic Discipline: Digital Evidence

State v. Thomas, 2021 NCCOA-402

December 21, 2021 //  by Sarah Olson

COA held that trial court did not abuse its discretion in admitting the testimonyof the State’s GSR expert because he followed the State Crime Lab’s procedures asrequired to meet Rule 702(a)’s reliability requirement where defendant made statement upon GSR collection that he had been asleep during the 5+ hour period between shooting and collection.

State v. Thomas, 2021 NCCOA-402Read More

Resource Category: CasesForensic Discipline: Firearms

State v. Joyner, 2021-NCCOA-684 (unpub)

December 16, 2021 //  by Sarah Olson

Detective testified about cell phone tower location and determined direction of tower based on records. COA held Detective’s testimony was limited to illustrating and interpreting the admitted cell phone records, therefore it did not require scientific or other specialized knowledge and was not expert testimony.

State v. Joyner, 2021-NCCOA-684 (unpub)Read More

Resource Category: CasesForensic Discipline: Digital Evidence

Clark v. Clark, 2021-NCCOA-653

December 16, 2021 //  by Sarah Olson

Plaintiff argued Derek Ellington was not qualified as a digital expert. COA held Ellington testified as a lay witness, not an expert, because he testified to what he saw or experienced in making a forensic copy and demonstrating the defendant did not send the photos to others.

Clark v. Clark, 2021-NCCOA-653Read More

Resource Category: CasesForensic Discipline: Experts

State v. Gibbs (unpub)(2021)

December 16, 2021 //  by Sarah Olson

NCSCL drug chemistry analyst Jennifer West testified about whether fentanyl was an opiate or opioid. Trial court erred in admitting West’s testimony because she lacked training on the issue of whether fentanyl was an opiate or opioid.

State v. Gibbs (unpub)(2021)Read More

Resource Category: CasesForensic Discipline: Drug Analysis

Overturned Arson Convictions

November 9, 2021 //  by Sarah Olson

John Lentini compiled case information on these wrongful convictions based on questionable laboratory analysis.

Overturned Arson ConvictionsRead More

Resource Category: CasesForensic Discipline: Arson

United States v. Gissantaner, 990 F.3d 457 (6th Cir. 2021).

August 5, 2021 //  by Kate Shurtleff

United States v. Gissantaner, 990 F.3d 457 (6th Cir. 2021).Read More

Resource Category: CasesForensic Discipline: DNA

State v. Martin (unpub)(2021)

August 3, 2021 //  by Sarah Olson

A NC State Crime Lab drug chemistry expert testified to GCMS results without explaining methodology, the reliability of methodology, or the application of method to facts of the case as required by Rule of Evidence 702. It was error to admit the expert’s testimony, but the issue was not preserved and the Court of Appeals …

State v. Martin (unpub)(2021)Read More

Resource Category: Cases

State v. Teesateskie (2021)

August 3, 2021 //  by Sarah Olson

The defendant also argued on appeal that the trial court should not have allowed the State’s expert to testify as to possible reasons why Hydrocodone did not show up in the defendant’s blood test, because that testimony violated Rule 702 in that it was not based on scientific or technical knowledge, was impermissibly based on …

State v. Teesateskie (2021)Read More

Resource Category: CasesForensic Discipline: Toxicology

State v. Hills (N.C. Ct. App. 2021)

July 8, 2021 //  by Kate Shurtleff

State v. Hills (N.C. Ct. App. 2021)Read More

Resource Category: CasesForensic Discipline: Drug Analysis

United States v. Adams, 444 F. Supp.3d 1248 (D. Or. 2020).

June 25, 2021 //  by Kate Shurtleff

After applying Daubert, the court concluded that the expert testimony in the case should be limited because the conclusions were not supported by a quantifiable or replicable scientific process.

United States v. Adams, 444 F. Supp.3d 1248 (D. Or. 2020).Read More

Resource Category: CasesForensic Discipline: Firearms

People v. Ross, 68 Misc. 3d 899 (2020).

June 25, 2021 //  by Kate Shurtleff

Decision on a Frye Motion requesting that the court preclude all ballistic expert testimony comparing shell casings from the crime scene to a gun found in one of the defendants’ car. The court concluded that an expert cannot offer opinions that are not supported by the relevant scientific community. Testimony by an expert that is …

People v. Ross, 68 Misc. 3d 899 (2020).Read More

Resource Category: CasesForensic Discipline: Firearms

State v. Walton, _ N.C. App. _ (April 20, 2021)

May 11, 2021 //  by Alec Suttle

A sniffing canine can be found to be property trained despite the canine having an expired certification at the time of the the sniff, so long as the canine has a history of certification and at least one other unexpired certification. Additionally, the handler’s training being inconsistent with department standards is not by itself insufficient …

State v. Walton, _ N.C. App. _ (April 20, 2021)Read More

Resource Category: CasesForensic Discipline: Detection Dogs

State v. Jackson, _ N.C. App. _ (April 20, 2021)

May 11, 2021 //  by Alec Suttle

Evidence that cocaine was the identity of the substance was admissible not withstanding the substance being handled with bare hands and stored in a glove box where cocaine had previously been stored. The court found concerns over cross contamination went to the evidence’s weight, not matters of admissibility and authentication.

State v. Jackson, _ N.C. App. _ (April 20, 2021)Read More

Resource Category: CasesForensic Discipline: Drug Analysis

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