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North Carolina Office of Indigent Defense Services

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Motion to Exclude Expert Testimony

Motion to Exclude Firearm Identification Testimony of Agents Tanner and Ware

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Trial court denied the motion, but initially prohibited the State from offering testimony “that the bullets in question were fired from the same weapon” because of potential for misleading the jury. However, the testimony was allowed after the trial court found the defense opened the door to the testimony during opening statements.

Motion to Exclude Firearm Identification Testimony of Agents Tanner and WareRead More

Motion to Exclude Firearm Identification Testimony, Memorandum of Law, State’s Brief in Response to Defendant’s Motion, and Order

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2011 motion in limine by Richard Ramsey. Example of how to use the National Academy of Sciences report and other professional standards in a motion to exclude or suppress forensic evidence. Transcript of motion’s hearing available upon request.

Motion to Exclude Firearm Identification Testimony, Memorandum of Law, State’s Brief in Response to Defendant’s Motion, and OrderRead More

Cook County Motion to Exclude Fingerprint Identification

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2018 Motion to Exclude testimony about fingerprint “identification” because it is scientifically indefensible, will overstate the probative value of fingerprint evidence and unduly prejudice the Defense, and mislead the trier of fact.

Cook County Motion to Exclude Fingerprint IdentificationRead More

State v. Rudolph

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Northern District of Alabama (Daubert jurisdiction) Motion to Exclude Testimony of Forensic Fingerprint Examiner – includes a comprehensive history of what scientific validation has and has not been completed for this field. Critiques the lack of uniform standards. Critiques analysis of small or distorted latent prints. Affidavit of Simon Cole – This expert in the field of …

State v. RudolphRead More

State v. Zajac

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District Court for the District of Utah, Central Division Zajac Order – granted in part and denied in part the Defendant’s motion to exclude fingerprint evidence. Important example of how the language used by the fingerprint examiner can be limited. Memo in Support of Defendant’s Motion to Exclude Fingerprint Evidence

State v. ZajacRead More