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 …
Resources
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
Order of Law Enforcement Certification
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.
Motion to Compel Certification that all Discovery has been Provided
Sample motion by Buddy Connor
Motion to Compel Certification that all Discovery has been ProvidedRead More
Motion for Discovery Regarding the State Bureau of Investigation
Sample discovery motion from Feb. 2011 requesting expanded discovery in light of revelations of the SBI’s practice of misstating test results and withholding exculpatory evidence.
Motion for Discovery Regarding the State Bureau of InvestigationRead More
Order for Cell Phone Records
Sample order for cell phone records pursuant to a discovery motion.
Motion for Discovery of Laboratory/Scientific Evidence
Sample discovery motion from murder, AWDWIKISI, and arson case.
Motion for Discovery of Laboratory/Scientific EvidenceRead More
Motion for Drug Dog Discovery
Sample discovery motion for detection dog records