Motions and Briefs
Example Facebook Search Warrant and Non-Disclosure Order
Example Subpoena Language for Call Detail Records
Example Discovery Items Pertaining to Mobile Device, Computers, and Cloud Service Forensics
Sample Motion Requesting Disclosure of SCL Analyst Certification Results
Sample Motion to Preserve Evidence for Analyst Certifications
This sample motion contains a request for specific discovery, motion to preserve evidence and motion to produce for an in camera inspection by the court is another approach.
Sample Motion to Preserve Evidence for Analyst CertificationsRead More
Motion to Release SCL Analyst Certification Information, Buncombe County, 06/12/12
June 12, 2012 State’s Motion requesting information regarding State Crime Lab certification exams. No file stamped version is available.
Motion to Release SCL Analyst Certification Information, Buncombe County, 06/12/12Read More
Continuance Order, Buncombe County, 06/13/12
Hearing regarding SCL analyst certification results has been continued to June 26, 2012 at 2 pm.
Court Order SCL Analyst Certification Information, Buncombe County, 07/13/12
Judge Gary M. Gavenus’s July 13, 2012 order requiring the State Crime Laboratory furnish to each District Attorney in the State the first and second letter containing the actual certification exam results and designated areas requiring further study.
Court Order SCL Analyst Certification Information, Buncombe County, 07/13/12Read More
Moore Memo to Defense Attorneys Regarding SBI Analyst Results, Buncombe County, 07/17/12
July 17, 2012 memo to defense attorneys regarding Judge Gavenus’s order.
Moore Memo to Defense Attorneys Regarding SBI Analyst Results, Buncombe County, 07/17/12Read More
Moore Letter to Defense Attorneys, Buncombe County,08/02/12
August 2, 2012 letter notifying defense attorneys who represented clients in approximately 80 resolved cases involving an analyst who was unsuccessful on his or her certifying exam. The letter specifies how information on analyst certification exam results will be provided based on Judge Gavenus’s order.
Moore Letter to Defense Attorneys, Buncombe County,08/02/12Read More
Hemp 702 Motion Draft
A draft 702 motion to exclude expert testimony from an arresting officer identifying a substance as marijuana.
Hemp Motion to Suppress Draft
A draft motion to suppress evidence collected after a stop made based on the sight/smell of what the officer believes to be marijuana. Please note the motion does not contain an accompanying affidavit as required by law.
Peterson MAR
MAR in Michael Peterson case based on newly discovered evidence regarding Duane Deaver and the SBI Order – Judge Orlando Hudson’s May 9, 2012 order granting the motion for appropriate relief, vacating the conviction and granting a new trial. A copy of the written exhibits from Dec. 2011 hearing, including an index of exhibits can be …
Rule 60(b) Motion for Relief
Motion for Relief from Judgment The basis of this Rule 60(b) motion drafted by Diane Savage is misconduct by the SBI Lab. AG’s Response to Petitioner’s Rule 60(b)Motion for Relief Reply to Respondent’s Memorandum Opposing Motion for Relief