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 …
Motions and Briefs
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
Suit against five former agents with the State Bureau of Investigation, filed on June 28, 2011
Sample petition for writ of certiorari regarding fingerprint evidence
Sample discovery motion drafted by Elizabeth Hambourger. Please contact Sarah Rackley Olson for copies of the exhibits included in this motion.
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 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 …
2012 Supplement to MAR that addresses implications of false and misleading testimony by former SBI Agent Duane Deaver.
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 …
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 granted in 2009, filed under seal until case was resolved.
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.
2013 motion to be used for independent testing or re-testing of toxicology evidence.
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.
2015 motion that can used for preservation of evidence in cases involving forensic evidence.