In this DWI case, the trial court erred by admitting retrograde extrapolation testimony by the State’s expert witness. To reach her conclusion, the expert assumed that the defendant was in a post-absorptive state at the time of the stop. The expert conceded that there were no facts to support this assumption. The expert’s testimony was …
Cases
State v. Daughtridge, 248 N.C. App. 707 (2016)
Trial court erred in allowing a forensic pathologist’s opinion that the decedent’s death was a homicide as opposed to a suicide that was based on his interpretation of non-medical information conveyed to him by law enforcement officers. The State failed to adequately explain how the expert was in a better position than the jurors to …
State v. McGrady, 368 N.C. 880 (2016)
Affirming the decision below, the NCSC held that the trial court did not abuse its discretion by ruling that the defendant’s proffered use of force expert testimony did not meet the standard for admissibility under Rule 702(a). The court determined that the 2011 amendment to NC Rule 702(a) adopts the federal standard for the admission …
What’s In a (Trade) Name?
Today, the court of appeals reversed a defendant’s drug convictions because the indictments identified the controlled substances in question using terms that are widely used to describe the drugs, but that are neither the chemical names listed in the controlled substance schedules nor – according to the court – “trade names” for the drugs. Because …
State v. Bailey
This 2014 NY decision grants a new trial to the Defendant. The decision describes how new medical research casts doubts on the Shaken Baby Syndrome hypothesis and shows that short falls (which this case involved) can cause death.
Supreme Court Upholds Taking DNA Upon Arrest
UNC School of Government blog post by Jeff Welty on the Supreme Court case Maryland v. King which allows the taking of DNA from arrestees.
Supreme Court: Alert by a Trained or Certified Drug Dog Normally Provides Probable Cause
UNC School of Government blog post by Jeff Welty that explains the U.S. Supreme Court’s 2013 holding in Florida v. Harris. Harris holds that when a trained and certified drug dog alerts on a vehicle, that normally provides probable cause to search the car, even if there are no records regarding the dog’s performance in the field. …
Supreme Court: Alert by a Trained or Certified Drug Dog Normally Provides Probable CauseRead More
State v. Lawson, 352 Ore. 724 (2012)
On Nov. 29, 2012, the Oregon Supreme Court issued an important decision, which places the burden on the state to establish the reliability of the eyewitness identification and recognizes and requires courts to act in a manner consistent with the latest scientific research on eyewitness identification and memory. This opinion may be useful in NC …
Lana Canen case
Ms. Canen’s 2005 murder conviction in IN was overturned in Nov. 2012 after she spent eight years in prison. A fingerprint that was a crucial piece of evidence in the prosecution’s case against her was found not to be hers. An Arizona fingerprint expert discovered that a sheriff’s detective misidentified a fingerprint found on a …
George Allen case
Mr. Allen’s 1983 rape and murder conviction in MO was reversed in Nov. 2012, though the state is appealing the reversal. In this case, it was discovered that there are seven usable fingerprints from the crime scene that do not match anyone involved, though police testified at trial that the fingerprints matched the victim, the …
State of Maryland v. Charles David Brightful, et al, No. K-10-04-259, Circuit Court for Carroll County, MD March 5, 2012
The Circuit Court for Carroll County, Maryland held that DRE evidence should be excluded. The court held that identification and classification by DREs “is not generally accepted as valid and reliable in the relevant scientific community.” See the opinion for a summary of expert testimony regarding DRE examinations which raises questions about the accuracy of …
State v. Dail (unpublished)
No. COA 11-384 Defendant’s Brief contains caselaw regarding canine sniffs and Fourth Amendment protections.
State v. Trogdon
715 S.E.2d 635, N.C.App., September 20, 2011 (NO. COA10-1344) Defendant argued that the forensic odontologist improperly invaded the province of the jury by testifying that the defendant caused the bite mark on the child. The court held that even if the specific assertions that the defendant was the one who made the bite marks were …
People v. Jabrocki
79th District Court for the County of Mason, Michigan – May 6, 2011 opinion holding that “calculation of an uncertainty budget or error rate and the reporting of the same is an essential element of the scientific methodology for analyzing blood alcohol content using gas chromatography” and denying the prosecution’s Motion to Admit the blood …
Aleman v. Village of Hanover Park
662 F.3d 897 (2011). 1983 claim where 7th Circuit Court of Appeals recognizes an interim lucid period between shaking and collapse