North Carolina Office of Indigent Defense Services

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Motions and Briefs

Court Order SCL Analyst Certification Information, Buncombe County, 07/13/12

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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 Letter to Defense Attorneys, Buncombe County,08/02/12

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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

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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 …

Peterson MARRead More

Order of Recusal

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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 …

Order of RecusalRead More

Bean Motion, Lab Reports, and Transcript

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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 …

Bean Motion, Lab Reports, and TranscriptRead More

Dorman Order and Court of Appeals decision

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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 …

Dorman Order and Court of Appeals decisionRead More