Hearing regarding SCL analyst certification results has been continued to June 26, 2012 at 2 pm.
Motions and Briefs
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
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
Greg Taylor lawsuit
Suit against five former agents with the State Bureau of Investigation, filed on June 28, 2011
Motion for Post-Conviction Discovery Regarding the State Bureau of Investigation
Sample discovery motion drafted by Elizabeth Hambourger. Please contact Sarah Rackley Olson for copies of the exhibits included in this motion.
Motion for Post-Conviction Discovery Regarding the State Bureau of InvestigationRead More
Goode Order
Federal court order granting relief in the George Goode case. The Court found that “the State, through Agent Deaver, presented misleading evidence about the testing done on petitioner’s boots being conclusive for the presence of blood.” See p. 25-26.
Order of Recusal
Order recusing Judge Haigwood from hearing matters raised in the Defendant’s MAR. The order includes the finding of fact that the Defendant raised a claim of prosecutorial misconduct related to forensic testing by the SBI and that the claim concerning undue prosecutorial influence over SBI agents where the Defendant asserts that Judge Haigwood could possibly …
Motion for Appropriate Relief
2012 Supplement to MAR that addresses implications of false and misleading testimony by former SBI Agent Duane Deaver.
Bean Motion, Lab Reports, and Transcript
Three reports were written about the same SBI DNA testing in this case: the first report in 5/09 said defendant excluded as source of DNA; the second report in 6/09 changed the conclusion and said the results were “inconclusive” (the internal SBI lab “reviewer” made the analyst change the report); and the third report in …
Dorman Order and Court of Appeals decision
Order of Dismissal with Prejudice – 2011 Superior Court order dismissing the charge of first degree murder with prejudice where forensic evidence was destroyed prior to the defense having the opportunity to examine it, despite defendant’s filing of a motion to preserve evidence. The Court found that material and favorable evidence to the defendant was intentionally …
Order Allowing Testing and Inspection of Firearms Evidence and to Transport Evidence to Defense Expert
Order granted in 2009, filed under seal until case was resolved.
Motion for Independent Testing
Sample motion by Buddy Connor for defense testing of evidence, as well as testing procedures, bench notes, and complete results of testing performed by the state.