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
Resources
Goode Order
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 of Recusal
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 …
Motion for Appropriate Relief
2012 Supplement to MAR that addresses implications of false and misleading testimony by former SBI Agent Duane Deaver.
Bean Motion, Lab Reports, and Transcript
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 …
Dorman Order and Court of Appeals decision
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 Allowing Testing and Inspection of Firearms Evidence and to Transport Evidence to Defense Expert
Order granted in 2009, filed under seal until case was resolved.
Motion for Independent Testing
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.
Sample Motion and Order for Independent Testing
2013 motion to be used for independent testing or re-testing of toxicology evidence.
Notice of Objection
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.
Sample Motion and Order to Preserve Evidence
2015 motion that can used for preservation of evidence in cases involving forensic evidence.
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