by Cynthia Hernandez & Taleed El-Sabawi, JD, PhD This checklist has been adapted from the “Drug-Induced Homicide Defense Toolkit” by Beety, et al., and the University of North Carolina School of Government blog post, “Defending Death by Distribution Cases”, by Phil Dixon. This checklist is meant to help criminal defense attorneys identify possible defenses to …
Resources
Hemp: A Forensic Perspective
Forensic Sciences at RTI International is offering a free webinar program on Mar. 31, 2020.
The presentation will discuss analytical strategies to answer the question: is the material presented for analysis an illegal product based on its total THC content?
Working with Mental Health Experts: Psychological Testing in Criminal Cases Online CLE
Friday, May 15, 20201:00-2:00 pm This previously-announced program will now be offered as a webinar instead of an in-person event. If you plan to attend, please register using this link and we will send you the WebEx instructions by email prior to the program. If you have questions, please email Sarah.R.Olson@nccourts.org. Co-Sponsored by the Guilford County Public …
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Recommendations for the Investigation, Diagnosis, and Certification of Deaths Related to Opioid and Other Drugs
Position paper which provides best practices for death scene investigation, autopsy, toxicology, and determining cause of death in overdose cases
General Guidelines for Training, Certification, and Documentation of Canine Detection Disciplines
ANSI/ASB Standard 088, First Edition 2020
Forensic Handwriting Examination and Human Factors: Improving the Practice Through a Systems Approach
NIST convened the Expert Working Group for Human Factors in Handwriting Examination to recommend ways to improve the practice and reduce the likelihood of errors. The Group’s report discusses human factors as they relate to all aspects of handwriting examination, including communicating conclusions through reports and testimony. The report also discusses education, training, certification, and …
State v. Newsuan, 837 S.E.2d 728 (2020)(unpub)
The court held that it was not plain error for a detective to testify as a lay witness that the defendant was displaying gang signs with his hands.
State v. Mitchell, 840 S.E.2d 276 (2020)
Rule 701 allows a non-expert to testify in the form of opinion or inference where it is rationally based on a perception of the witness and helpful to the determination of a fact in issue. Testimony from a lay witness and an officer about their suspicion that the defendant used an app to conceal text …
Psychological Assessments in Legal Contexts: Are Courts Keeping “Junk Science” Out of the Courtroom?
The Association for Psychological Science published a review by Tess Neal, Christopher Slobogin, Michael Saks, David Faigman, and Kurt Geisinger on the psychological assessment tools used by forensic psychologists. The study found 67% are generally accepted in the field and only about 40% have generally favorable reviews of their psychometric and technical properties. The study …
State v. Corbett & Martens, 839 S.E.2d 361 (2019)
Expert Stuart James’s treatise on blood spatter said that suspected bloodstains should be subject to presumptive, confirmatory, and DNA testing before analysis of the spatter is conducted. The court held that blood spatter expert’s conclusions regarding untested stains on clothing did not result from reliable application of scientific methods and evidentiary errors were prejudicial.
Cognitive Biases in the Peer Review of Bullet and Cartridge Case Comparison Casework: A Field Study
Jan. 28, 2020 article in Science & Justice finding that bias occurs in non-blind peer reviewed bullet and cartridge case comparisons. Higher status examiners have a large influence on the outcome of a discussion. Blind peer review may reduce the probability of bias during peer review.
NIST Tests Forensic Methods for Getting Data From Damaged Mobile Phones
This study looks at two methods for accessing data on damaged mobile phones.
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Obtaining Medical Records in DWI Cases
Jan. 27, 2020 North Carolina Criminal Law blog post by Shea Denning
Defending Death by Distribution Cases
Jan. 21, 2020 NC Criminal Law blog post by Phil Dixon with links to resources for defenders litigating the new crimes of death by distribution and aggravated death by distribution in G.S. 14-18.4 cases.
State v. Hewitt, 836 S.E.2d 786 (2019)(unpub)
The court held that it was not plain error for the analyst to testify to the identity of a controlled substance without explaining what type of chemical analysis she performed. She testified she performed a color test and an instrumental analysis.