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North Carolina Office of Indigent Defense Services

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You are here: Home / Browse All Resources / Motions and Briefs / Motions to Preserve Evidence

Motions to Preserve Evidence

Crime Labs

  • Sample Motion to Preserve Evidence for Analyst Certifications, 7/15/2019
    This 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.

Death Investigation

  • Dorman Order and Court of Appeals decision, 4/25/2019
    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 …

DNA

  • Motion to Suppress DNA Evidence, 4/24/2019
    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 …
  • Third Motion for Production of Discovery Regarding DNA and Forensic Evidence and Motion to Prevent Consumptive DNA Testing, 4/24/2019

Foundations of Forensics

  • Dorman Order and Court of Appeals decision, 4/25/2019
    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 …
  • Sample Motion and Order to Preserve Evidence, 4/25/2019
    2015 motion that can used for preservation of evidence in cases involving forensic evidence.
  • Third Motion for Production of Discovery Regarding DNA and Forensic Evidence and Motion to Prevent Consumptive DNA Testing, 4/24/2019

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