Please be aware that the briefs and motions posted here may not represent the current state of the law applicable to a specific set of facts. While helpful as a starting point for research on a pending legal issue, briefs and motions posted here are statements of the law as perceived by particular trial or appellate counsel in the context of a particular case at some point in the past. They are not a substitute for thorough and independent research in the context of the facts of a pending case.
Additional motions may be found on the IDS Capital Trial Motions page and in the IDS Non-Capital Motions Bank.
Arson
- Defendant-Appellant’s Brief: State v. Lance, 6/1/2020
- Ex Parte Motion and Order for Appointment of Expert (Arson), 4/25/2019
- Motion for Discovery of Laboratory/Scientific Evidence, 4/24/2019Sample discovery motion from murder, AWDWIKISI, and arson case.
Bite Mark
- Innocence Project’s amicus brief, 4/16/2019For a copy of the Innocence Project’s amicus brief in a Frye challenge to the admissibility of bite mark evidence, email Sarah Rackley Olson.
Blood and Bodily Fluids
- Goode Order, 4/25/2019Federal 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.
- Greg Taylor Lawsuit, 6/28/2011Civil complaint against former SBI agents/supervisors/directors Deaver, Taub, Nelson, Keaton and Elliot filed in U.S. District Court in Raleigh on June 28, 2011.
- Rule 60(b) Motion for Relief, 4/25/2019Motion for Relief from Judgment The basis of this Rule 60(b) motion drafted by Diane Savage is misconduct by the SBI Lab. AG’s Response to Petitioner’s Rule 60(b)Motion for Relief Reply to Respondent’s Memorandum Opposing Motion for Relief
Crime Labs
- Continuance Order, Buncombe County, 06/13/12, 7/15/2019Hearing regarding SCL analyst certification results has been continued to June 26, 2012 at 2 pm.
- Court Order SCL Analyst Certification Information, Buncombe County, 07/13/12, 7/15/2019Judge Gary M. Gavenus’s July 13, 2012 order requiring the State Crime Laboratory furnish to each District Attorney in the State the first and second letter containing the actual certification exam results and designated areas requiring further study.
- Greg Taylor Lawsuit, 6/28/2011Civil complaint against former SBI agents/supervisors/directors Deaver, Taub, Nelson, Keaton and Elliot filed in U.S. District Court in Raleigh on June 28, 2011.
- Moore Letter to Defense Attorneys, Buncombe County,08/02/12, 7/15/2019August 2, 2012 letter notifying defense attorneys who represented clients in approximately 80 resolved cases involving an analyst who was unsuccessful on his or her certifying exam. The letter specifies how information on analyst certification exam results will be provided based on Judge Gavenus’s order.
- Moore Memo to Defense Attorneys Regarding SBI Analyst Results, Buncombe County, 07/17/12, 7/15/2019July 17, 2012 memo to defense attorneys regarding Judge Gavenus’s order.
- Motion to Release SCL Analyst Certification Information, Buncombe County, 06/12/12, 7/15/2019June 12, 2012 State’s Motion requesting information regarding State Crime Lab certification exams. No file stamped version is available.
- Notice of Objection, 7/18/2024Sample notice of objection to the admission of lab report without the testimony of the chemical analyst
- Sample Motion to Preserve Evidence for Analyst Certifications, 7/15/2019This sample motion contains a request for specific discovery, motion to preserve evidence and motion to produce for an in camera inspection by the court is another approach.
- Sample Motion Requesting Disclosure of SCL Analyst Certification Results, 7/15/2019
Crime Scene Investigation
- Goode Order, 4/25/2019Federal 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.
- Greg Taylor lawsuit, 4/25/2019Suit against five former agents with the State Bureau of Investigation, filed on June 28, 2011
- Motion for Appropriate Relief, 4/25/20192012 Supplement to MAR that addresses implications of false and misleading testimony by former SBI Agent Duane Deaver.
- Peterson MAR, 4/25/2019MAR in Michael Peterson case based on newly discovered evidence regarding Duane Deaver and the SBI Order – Judge Orlando Hudson’s May 9, 2012 order granting the motion for appropriate relief, vacating the conviction and granting a new trial. A copy of the written exhibits from Dec. 2011 hearing, including an index of exhibits can be …
- Rule 60(b) Motion for Relief, 4/25/2019Motion for Relief from Judgment The basis of this Rule 60(b) motion drafted by Diane Savage is misconduct by the SBI Lab. AG’s Response to Petitioner’s Rule 60(b)Motion for Relief Reply to Respondent’s Memorandum Opposing Motion for Relief
Death Investigation
- Dorman Order and Court of Appeals decision, 4/25/2019Order 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 …
Detection Dogs
- Motion for Drug Dog Discovery, 4/16/2019Sample discovery motion for detection dog records, includes a cite to Florida v. Harris, 113 S. Ct. 1050 (2013).
- Motion for Drug Dog Discovery, 4/24/2019Sample discovery motion for detection dog records
Digital Evidence
- Example Discovery Items Pertaining to Mobile Device, Computers, and Cloud Service Forensics, 4/22/2020, Envista Forensics
- Example Facebook Search Warrant and Non-Disclosure Order, 4/22/2020, Envista Forensics
- Example Subpoena Language for Call Detail Records, 4/22/2020, Envista Forensics
- Order for Cell Phone Records, 4/24/2019Sample order for cell phone records pursuant to a discovery motion.
DNA
- Bean Motion, Lab Reports, and Transcript, 4/25/2019Three 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 …
- Discovery checklist, 4/16/2019This checklist can help attorneys identify what DNA lab reports have been received in discovery and what additional items may need to be requested.
- Motion for Discovery of Laboratory/Scientific Evidence, 4/24/2019Sample discovery motion regarding DNA evidence.
- Motion to Suppress DNA Evidence, 4/24/2019Motion 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 …
- Third Motion for Production of Discovery Regarding DNA and Forensic Evidence and Motion to Prevent Consumptive DNA Testing, 4/24/2019
Drug Analysis
- Hemp 702 Motion Draft, 6/18/2019A draft 702 motion to exclude expert testimony from an arresting officer identifying a substance as marijuana.
- Hemp Motion to Suppress Draft, 6/18/2019A draft motion to suppress evidence collected after a stop made based on the sight/smell of what the officer believes to be marijuana. Please note the motion does not contain an accompanying affidavit as required by law.
- Motion for Discovery of Laboratory/Scientific Evidence, 4/24/2019Sample discovery motion regarding drug chemistry or toxicology evidence.
Eyewitness ID
- Brief Bank, 4/23/2019For briefs on eyewitness identification issues, including showups, photo arrays, independent basis for in-court identification, expert witness on identification, and jury instruction on identification, visit the Identification of Accused section of the Indigent Defense Services Brief Bank.
Fingerprints
- Cook County Motion to Exclude Fingerprint Identification, 4/24/20192018 Motion to Exclude testimony about fingerprint “identification” because it is scientifically indefensible, will overstate the probative value of fingerprint evidence and unduly prejudice the Defense, and mislead the trier of fact.
- Petition to N.C. Court of Appeals, 4/25/2019Sample petition for writ of certiorari regarding fingerprint evidence
- State v. Rudolph, 4/24/2019Northern District of Alabama (Daubert jurisdiction) Motion to Exclude Testimony of Forensic Fingerprint Examiner – includes a comprehensive history of what scientific validation has and has not been completed for this field. Critiques the lack of uniform standards. Critiques analysis of small or distorted latent prints. Affidavit of Simon Cole – This expert in the field of …
- State v. Zajac, 4/24/2019District Court for the District of Utah, Central Division Zajac Order – granted in part and denied in part the Defendant’s motion to exclude fingerprint evidence. Important example of how the language used by the fingerprint examiner can be limited. Memo in Support of Defendant’s Motion to Exclude Fingerprint Evidence
Firearms
- Motion to Exclude Firearm Identification Testimony of Agents Tanner and Ware, 4/24/2019Trial 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, Memorandum of Law, State’s Brief in Response to Defendant’s Motion, and Order, 4/24/20192011 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 Prohibit State’s Expert from Rendering Opinion on Gun Shot Residue Testing, 4/24/2019Motion filed by David Botchin and Mark Rabil.
- Order Allowing Testing and Inspection of Firearms Evidence and to Transport Evidence to Defense Expert, 4/25/2019Order granted in 2009, filed under seal until case was resolved.
Foundations of Forensics
- Defendant’s Motion to Compel Discovery, 4/24/2019Motion to produce records related to firearms examinations, videotape evidence, latent or trace evidence, and DNA analysis.
- Dorman Order and Court of Appeals decision, 4/25/2019Order 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 …
- Ex Parte Motion and Order for Appointment of Expert (Arson), 4/25/2019
- Ex Parte Motion and Order for Appointment of Expert (Forensic Neuropsychologist), 4/25/2019
- Ex Parte Motion and Order for Appointment of Private Investigator, 4/25/2019
- Greg Taylor lawsuit, 4/25/2019Suit against five former agents with the State Bureau of Investigation, filed on June 28, 2011
- Motion for Appropriate Relief, 4/25/20192012 Supplement to MAR that addresses implications of false and misleading testimony by former SBI Agent Duane Deaver.
- Motion for Discovery of Laboratory/Scientific Evidence, 4/24/2019Sample discovery motion from murder, AWDWIKISI, and arson case.
- Motion for Discovery Regarding the State Bureau of Investigation, 4/24/2019Sample 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 Independent Testing, 4/25/2019Sample 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.
- Motion for Post-Conviction Discovery Regarding the State Bureau of Investigation, 4/25/2019Sample discovery motion drafted by Elizabeth Hambourger. Please contact Sarah Rackley Olson for copies of the exhibits included in this motion.
- Motion to Compel Certification that all Discovery has been Provided, 4/24/2019Sample motion by Buddy Connor
- Notice of Objection, 4/25/2019Sample 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.
- Order Allowing Testing and Inspection of Firearms Evidence and to Transport Evidence to Defense Expert, 4/25/2019Order granted in 2009, filed under seal until case was resolved.
- Order for Disclosure of SBI and NC Highway Patrol Testing Data, 4/24/2019Sample Order drafted by Buddy Connor
- Order of Law Enforcement Certification, 4/24/2019Sample 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.
- Order of Recusal, 4/25/2019Order 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 …
- Order Requiring Laboratories to Produce Records to Defendant, 4/24/20192008 order granting the defendant requested discovery regarding SBI data and testing procedures.
- Sample Motion and Order for Independent Testing, 4/25/20192013 motion to be used for independent testing or re-testing of toxicology evidence.
- Sample Motion and Order to Preserve Evidence, 4/25/20192015 motion that can used for preservation of evidence in cases involving forensic evidence.
- Second Motion for Disclosure of SBI Testing Procedures and Data, 4/24/2019Sample motion provided by Buddy Connor requesting SBI testing procedures and underlying data that have not been turned over despite a previous court order.
- Third Motion for Production of Discovery Regarding DNA and Forensic Evidence and Motion to Prevent Consumptive DNA Testing, 4/24/2019
Measurement Uncertainty
- City of Kent v. McDaniel, 5/4/2011May 4, 2011 Order Suppressing Defendant’s Breath-Alcohol Measurements in the Absence of a Measurement for Uncertainty
- State v. Fausto, 9/21/2010Sept. 21, 2010 Order Suppressing Defendant’s Breath-Alcohol Measurements in the Absence of a Measurement for Uncertainty, District Court of King County, WA
- State v. Weimer, 3/23/2010March 23, 2010 Memorandum Decision on Motion to Suppress, Snohomish County District Court, Washington holding that to allow the numerical value of blood alcohol tests without stating a confidence level violates Rule of Evidence 403 because the probative value of the evidence is substantially outweighed by its prejudicial value.
Toxicology
- Motion for Discovery of Laboratory/Scientific Evidence, 4/24/2019Sample discovery motion regarding drug chemistry or toxicology evidence.
- Motion to Exclude Testimony Regarding Field Sobriety Tests, 4/24/2019Motion to exclude expert testimony based on failure to satisfy requirements of the new Rule 702 of the North Carolina Rules of Evidence.
- Order Excluding Paul Glover’s Testimony, 4/24/2019Order granted in attorney James Davis’s case in 2013 under the new Rule of Evidence 702.
- Sample Motion and Order for Independent Testing, 4/25/20192013 motion to be used for independent testing or re-testing of toxicology evidence.
Trace Evidence
- Bridges Amicus Brief, 11/6/2020Filed by the Innocent Network in support of the defendant.
- Bridges Motion for Appropriate Relief Consent Order, 11/6/2020