2015 motion that can used for preservation of evidence in cases involving forensic evidence.
Motions and Briefs
Ex Parte Motion and Order for Appointment of Private Investigator
Ex Parte Motion and Order for Appointment of Expert (Forensic Neuropsychologist)
Ex Parte Motion and Order for Appointment of Expert (Arson)
Motion to Exclude Firearm Identification Testimony of Agents Tanner and Ware
Trial court denied the motion, but initially prohibited the State from offering testimony “that the bullets in question were fired from the same weapon” because of potential for misleading the jury. However, the testimony was allowed after the trial court found the defense opened the door to the testimony during opening statements.
Motion to Exclude Firearm Identification Testimony of Agents Tanner and WareRead More
Motion to Exclude Firearm Identification Testimony, Memorandum of Law, State’s Brief in Response to Defendant’s Motion, and Order
2011 motion in limine by Richard Ramsey. Example of how to use the National Academy of Sciences report and other professional standards in a motion to exclude or suppress forensic evidence. Transcript of motion’s hearing available upon request.
Motion to Suppress DNA Evidence
Motion to exclude the SBI’s analysis of DNA evidence where analysis entirely consumed the sample and was performed in violation of a court order. Drafted by Lisa Dubs and Mark Rabil. Orders – Orders from the case above, including Order to Preserve Evidence and Notes, order to not test evidence without written consent of the state …
Motion to Prohibit State’s Expert from Rendering Opinion on Gun Shot Residue Testing
Motion filed by David Botchin and Mark Rabil.
Motion to Prohibit State’s Expert from Rendering Opinion on Gun Shot Residue TestingRead More
Motion to Exclude Testimony Regarding Field Sobriety Tests
Motion to exclude expert testimony based on failure to satisfy requirements of the new Rule 702 of the North Carolina Rules of Evidence.
Motion to Exclude Testimony Regarding Field Sobriety TestsRead More
Order Excluding Paul Glover’s Testimony
Order granted in attorney James Davis’s case in 2013 under the new Rule of Evidence 702.
Third Motion for Production of Discovery Regarding DNA and Forensic Evidence and Motion to Prevent Consumptive DNA Testing
Defendant’s Motion to Compel Discovery
Motion to produce records related to firearms examinations, videotape evidence, latent or trace evidence, and DNA analysis.
Order Requiring Laboratories to Produce Records to Defendant
2008 order granting the defendant requested discovery regarding SBI data and testing procedures.
Order Requiring Laboratories to Produce Records to DefendantRead More
Second Motion for Disclosure of SBI Testing Procedures and Data
Sample motion provided by Buddy Connor requesting SBI testing procedures and underlying data that have not been turned over despite a previous court order.
Second Motion for Disclosure of SBI Testing Procedures and DataRead More
Order for Disclosure of SBI and NC Highway Patrol Testing Data
Sample Order drafted by Buddy Connor
Order for Disclosure of SBI and NC Highway Patrol Testing DataRead More