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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 …
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 …
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 …
New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Jersey held a lower court erred when it allowed an FBI agent to testify about cell site location information (“CSLI”) …
The Daniel Buffington Dilemma: Does His Expert Witness Testimony Satisfy Daubert? by Jo Ellen Nott by Jo Ellen Nott Twenty-seven states in the U.S. have the death penalty. Those states and the federal government carry out the sentence by injecting a lethal mix of one, two, or three drugs as …
Article • March 15, 2021 • from CLN April, 2021
Alabama Supreme Court Announces Testimony About Cell-Site Location Data Is ‘Scientific’ Expert Testimony, Not Lay, Triggering Daubert Analysis by Anthony Accurso by Anthony Accurso In its January 8, 2021, opinion, the Supreme Court of Alabama held that a law enforcement agent’s testimony about how historical cell-site data could be used …
Article • March 15, 2021 • from CLN April, 2021
Pennsylvania Supreme Court: Officer Testified as Expert on Child Sexual Abuse Without First Being Qualified and 42 Pa.C.S. § 5920 Overruled Dunkle by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that a police officer testified as an expert without first being qualified by the court at …
Article • December 15, 2020 • from CLN January, 2021
Ninth Circuit: District Court Abdicated Daubert Gatekeeping Function by Failing to Make Reliability Findings on Expert Witness’ Testimony by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. District Court for the District of Arizona failed in its gatekeeping function …
After a Decade of Fighting, The Last Resort Exoneration Project Finally Frees Two Wrongfully Convicted of Murder by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Kevin Baker and Sean Washington, having served nearly 25 years on a double murder sentence and facing life in prison, never gave up hope because …