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Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b) by David Reutter by David M. Reutter Sitting en banc, the Supreme Court of Colorado held that a defendant must be competent before undergoing a mental-condition examination under C.R.S. § 16-8-107(3)(b) and that a trial court …
New Study Exposes Reliability Gap in Traditional Time-of-Death Methods by Jo Ellen Nott by Jo Ellen Nott For decades, forensic pathologists have relied on body temperature, rigor mortis, and potassium levels in the vitreous humor of the eye to estimate time of death. These methods have underpinned countless prosecutions, but …
No Blood, No Proof: Study Challenges Post-Cleanup DNA Evidence by Jo Ellen Nott by Jo Ellen Nott A Flinders University study published in the Australian Journal of Forensic Sciences provides defense attorneys with powerful tools to challenge forensic evidence in cases involving attempted crime scene “clean-ups.” The study reveals how …
Georgia Supreme Court Clarifies Framework for Evaluating Extraordinary Motions for New Trial Based on Scientific Developments, Holding Trial Court Applied Incorrect Legal Standard in Denying “Shaken Baby Syndrome” Challenge by David Kim by David Kim The Supreme Court of Georgia clarified that the diligence requirement for extraordinary motions for new …
Maine Supreme Judicial Court Announces Trial Courts Must Rigorously Scrutinize Reliability of Expert Testimony in Unrecognized Forensic Fields, Holding Trial Court Erred in Admitting Forensic Podiatry Footprint-Comparison Testimony Without a Demonstrated by Douglas Ankney by Doug Ankney In a unanimous decision, the Supreme Judicial Court of Maine held that the …
Pennsylvania Supreme Court Announces Expert Testimony on Manner of Death Must Satisfy Same Reasonable-Degree-of-Certainty Standard Applicable to All Expert Opinions by David Kim by David Kim In a unanimous decision, the Supreme Court of Pennsylvania held that expert testimony regarding the manner of a decedent’s death must be stated to …
When Words Mislead: Replacing “Touch” and “Trace DNA” with “Transfer DNA” by Jo Ellen Nott by Jo Ellen Nott The forensic community is experiencing a critical shift in how biological evidence is described in the courtroom. For decades, terms like “Touch DNA,” “Trace DNA,” and “Wearer DNA” have been staples …
Iowa Supreme Court Announces Framework for Admissibility of Expert Testimony on Eyewitness Identification, Holding Generalized Testimony on Psychological Factors Ordinarily Should Be Admitted by David Kim by David Kim The Supreme Court of Iowa held that generalized expert testimony concerning psychological factors affecting eyewitness identification accuracy and witness confidence should …
Aphantasia: Why Truthful Witnesses Can Sound Like Liars by Richard Resch by Richard Resch "Close your eyes. Picture it. Now tell me exactly what you saw.” Across America, police treat this as a credibility test. Every day, truthful people fail it. That is the detective in the interview room. In …
New Jersey Supreme Court Announces “Shaking Without Impact” Expert Testimony Inadmissible, Holding Shaken Baby Syndrome Diagnosis Lacks Required General Acceptance Within Biomechanical Engineering Community Under Frye by David Kim by David Kim he Supreme Court of New Jersey affirmed the exclusion of expert testimony regarding Shaken Baby Syndrome/Abusive Head Trauma …
When AI Invents the Pixels: Challenging AI-Enhanced Video Evidence in Criminal Cases by Richard Resch by Richard Resch When prosecutors offer “enhanced” surveillance footage or body-camera video, defense counsel must understand what enhancement actually means. Traditional forensic methods such as adjusting brightness, applying contrast filters, or using established interpolation algorithms …
Generative Suspicion: What Defense Lawyers Must Know About AI-Generated Police Reports by Richard Resch by Richard Resch Police departments nationwide are racing to adopt artificial intelligence that transcribes body-camera footage, translates witness statements, and drafts investigative narratives. But these tools introduce profound risks to factual accuracy and due process that …
Maine Supreme Judicial Court Vacates Conviction Based on Confrontation Clause Where Toxicologist Testified About Toxicology Tests Performed by Others, Which SCOTUS Rejected in Smith v. Arizona by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Maine vacated Rochelle Gleason’s conviction for aggravated trafficking of a scheduled drug that …
Article • July 1, 2025 • from CLN July, 2025
Green Light for Justice: Dutch Researchers Find Perovskite Method Improves Gunshot Residue Analysis with Unprecedented Sensitivity by Jo Ellen Nott A groundbreaking adaptation of perovskite technology is poised to transform forensic analysis of gunshot residue (“GSR”), offering unprecedented speed and sensitivity. “Perovskite” refers to a class of materials with a …
Fingerprints as New Drug-Detection Method by James Mills by James Mills When law enforcement wants to screen a person for drug use, they usually must collect some kind of invasive physical sample from the suspect. Urine, blood, and hair are all common choices. Now drug use may soon be detectable …
Article • April 15, 2025 • from CLN May, 2025
Beyond a Reasonable Doubt? Fingerprint Evidence’s Troubling Flaws by Douglas Ankney by Douglas Ankney In March 2004, four commuter trains in Madrid, Spain, were bombed. Spain’s National Police recovered a blue plastic bag filled with detonators and traces of explosives. Forensic experts used the standard practice of fumigating the bag …
Cops’ Lie-Detecting Delusion: They Can’t Spot Lies Based on Nonverbal Cues or ‘Abnormal’ Behavior—Yet Keep Lying to Themselves (and Ruining Lives) That They Can by David Kim by David Kim From the earliest forms of human communication, deception has been an inescapable part of social interaction. People lie—frequently and for …
Connecticut Supreme Court Announces Teague’s ‘Watershed’ Rule Exception to Nonretroactivity of New Constitutional Rule of Criminal Procedure on Collateral Review Has ‘Continued Vitality’ in Connecticut, Adoption of Third Exception to Teague’s Nonretroacti by Douglas Ankney by Douglas Ankney The Supreme Court of Connecticut held that the principles set forth in …
AI Identifies Sex From Skulls Faster and More Accurately Than Experts by James Mills by James Mills Artificial intelligence has exceeded human capabilities in yet another area. AI has surpassed human forensic experts in determining biological sex from skeletal remains. Forensic anthropologists traditionally analyze human skeletons to estimate age, lifestyle, …
Article • February 1, 2025 • from CLN February, 2025
Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints by Anthony Accurso by Anthony W. Accurso Desorption electrospray ionization, a type of mass spectrometry (“DESI-MS”), is being studied as a way to analyze overlapping or weak fingerprints, solving an age-old problem of evidence quality. For over a …
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