Motions and Briefs
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.
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 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 filed by David Botchin and Mark Rabil.
Motion to exclude expert testimony based on failure to satisfy requirements of the new Rule 702 of the North Carolina Rules of Evidence.
Order granted in attorney James Davis’s case in 2013 under the new Rule of Evidence 702.
Motion to produce records related to firearms examinations, videotape evidence, latent or trace evidence, and DNA analysis.
2008 order granting the defendant requested discovery regarding SBI data and testing procedures.
Sample motion provided by Buddy Connor requesting SBI testing procedures and underlying data that have not been turned over despite a previous court order.
Sample Order drafted by Buddy Connor
Sample Order drafted by Buddy Connor requiring law enforcement officers to turn over all notes, evidence, and materials related to the investigation of the case to the prosecution and certify that all such materials have been turned over.