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You are here: Home / Archives for Motions and Briefs

Motions and Briefs

Peterson MAR

April 25, 2019 //  by Sarah Olson

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

Resource Category: Motion for Appropriate Relief, Motions and BriefsForensic Discipline: Crime Scene Investigation

Rule 60(b) Motion for Relief

April 25, 2019 //  by Sarah Olson

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

Rule 60(b) Motion for ReliefRead More

Resource Category: Motion for Appropriate Relief, Motions and BriefsForensic Discipline: Blood and Bodily Fluids, Crime Scene Investigation

Greg Taylor lawsuit

April 25, 2019 //  by Sarah Olson

Suit against five former agents with the State Bureau of Investigation, filed on June 28, 2011

Greg Taylor lawsuitRead More

Resource Category: Motions and BriefsForensic Discipline: Crime Scene Investigation, Foundations of Forensics

Petition to N.C. Court of Appeals

April 25, 2019 //  by Sarah Olson

Sample petition for writ of certiorari regarding fingerprint evidence

Petition to N.C. Court of AppealsRead More

Resource Category: Motions and BriefsForensic Discipline: Fingerprints

Motion for Post-Conviction Discovery Regarding the State Bureau of Investigation

April 25, 2019 //  by Sarah Olson

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

Resource Category: Discovery Motion, Motions and BriefsForensic Discipline: Foundations of Forensics

Goode Order

April 25, 2019 //  by Sarah Olson

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.

Goode OrderRead More

Resource Category: Motion for Appropriate Relief, Motions and BriefsForensic Discipline: Blood and Bodily Fluids, Crime Scene Investigation

Order of Recusal

April 25, 2019 //  by Sarah Olson

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

Resource Category: Motions and BriefsForensic Discipline: Foundations of Forensics

Motion for Appropriate Relief

April 25, 2019 //  by Sarah Olson

2012 Supplement to MAR that addresses implications of false and misleading testimony by former SBI Agent Duane Deaver.

Motion for Appropriate ReliefRead More

Resource Category: Motion for Appropriate Relief, Motions and BriefsForensic Discipline: Crime Scene Investigation, Foundations of Forensics

Bean Motion, Lab Reports, and Transcript

April 25, 2019 //  by Sarah Olson

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

Resource Category: Motions and BriefsForensic Discipline: DNA

Dorman Order and Court of Appeals decision

April 25, 2019 //  by Sarah Olson

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

Resource Category: Motion to Preserve Evidence, Motions and BriefsForensic Discipline: Death Investigation, Foundations of Forensics

Order Allowing Testing and Inspection of Firearms Evidence and to Transport Evidence to Defense Expert

April 25, 2019 //  by Sarah Olson

Order granted in 2009, filed under seal until case was resolved.

Order Allowing Testing and Inspection of Firearms Evidence and to Transport Evidence to Defense ExpertRead More

Resource Category: Motion for Independent TestingForensic Discipline: Firearms, Foundations of Forensics

Motion for Independent Testing

April 25, 2019 //  by Sarah Olson

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.

Motion for Independent TestingRead More

Resource Category: Motion for Independent Testing, Motions and BriefsForensic Discipline: Foundations of Forensics

Sample Motion and Order for Independent Testing

April 25, 2019 //  by Sarah Olson

2013 motion to be used for independent testing or re-testing of toxicology evidence.

Sample Motion and Order for Independent TestingRead More

Resource Category: Motion for Independent Testing, Motions and BriefsForensic Discipline: Foundations of Forensics, Toxicology

Notice of Objection

April 25, 2019 //  by Sarah Olson

Sample Notice of Objection pursuant to N.C.G.S. 90-95(g) and 90-95(g1) to introduction into evidence of chain of custody statement and lab reports without further authentication and testimony of the analyst.

Notice of ObjectionRead More

Resource Category: Motions and BriefsForensic Discipline: Foundations of Forensics

Sample Motion and Order to Preserve Evidence

April 25, 2019 //  by Sarah Olson

2015 motion that can used for preservation of evidence in cases involving forensic evidence.

Sample Motion and Order to Preserve EvidenceRead More

Resource Category: Motion to Preserve Evidence, Motions and BriefsForensic Discipline: Foundations of Forensics

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