NC Court of Appeals found the trial court properly denied the defendant’s motion to suppress asserting that an eyewitness’s pretrial identification was unduly suggestive and found no violation of the EIRA where the eyewitness identified the defendant by looking through the pages of The Slammer newspaper.
Cases
Willie Grimes case
A three-judge panel in NC decided Mr. Grimes was innocent of a 1987 rape conviction for which he had served more than 24 years. Fingerprints from the crime scene did not match Grimes, but the State withheld that evidence until the trial. In 2011, the prints were uploaded into the Automated Fingerprint Identification System and …
State v. Ward 364 N.C. 133 (2010)
A NC Supreme Court decision finding the trial court abused its discretion by allowing the State’s expert to visually identify drugs using an insufficiently established method. The court found the expert’s use of information in Micromedex literature to make drug identification did not meet the first prong of Rule 702 as it was never established …
State v. Rawls, 700 S.E.2d 112 (2010)
In State v. Rawls, 700 S.E.2d 112 (2010), the Court of Appeals held that “show-ups” are distinct from line-ups, and, therefore, are not subject to the guidelines set out in EIRA. Rather, the court applied the North Carolina common law test for determining if the show-up was proper which is a two-step inquiry described above: (1) …
Burton v. Kentucky, 300 S.W.3d 126 (Ky. 2009)
Testimony from a DRE was improper where the DRE did not personally observe the defendant but instead based his opinion on review of records.
The Defenses of Voluntary Intoxication, Diminished Capacity, and Unconsciousness
For the 2008 Public Defender Spring Conference, Lisa Miles surveys 186 cases in which the court found evidence sufficient or not sufficient to warrant an instruction on voluntary intoxication, diminished capacity, or unconsciousness.
The Defenses of Voluntary Intoxication, Diminished Capacity, and UnconsciousnessRead More
False Positives Equal False Justice
A California Attorneys for Criminal Justice (CACJ) report by John Kelly. The report is largely based on the research of Dr. Frederic Whitehurst who tested field drug test kits and exposed and documented that they render false positives with legal substances. The report focuses on the Duquenois-Levine and KN Reagent tests used to test for …
Brandon Mayfield Case
In May 2004, the FBI arrested Oregon lawyer Brandon Mayfield based on an erroneous fingerprint identification. FBI analysts incorrectly identified a fingerprint left inside a plastic bag related to the Madrid train bombing as matching Mr. Mayfield.
State v. Lee, 154 N.C. App. 410, 417 (2002)
Expert testimony on eyewitness identification has been excluded in several cases, so counsel should be prepared for a challenge to its admissibility. Trial courts will weigh whether the proposed testimony is case specific and has probative value, and will consider such factors as whether the expert interviewed the eyewitnesses, visited the crime scene and observed …
Shirley McKie case
In 1997, fingerprint examiners claimed they found Scottish police constable Shirley McKie’s fingerprint at a crime scene that her department was investigating. She denied that she had ever been to the crime scene, and it was determined in 1999 that the fingerprints were not hers and she was issued a public apology by the justice …
Criminal Law – Expert Testimony on Bite Marks
A law review article on State v. Temple, 302 N.C. 1 (1981) where the NC Supreme Court held that testimony regarding bite marks identification analysis is admissible as long as the trial court can verify the scientific methods used were accurate and reliable. Includes a summary of the case, background, and an analysis of the …