Forensic Evidence

/Forensic Evidence

“Getting Creative – Use Kelly v. State to Challenge Any Scientific Evidence”

In a contested bond revocation hearing, not long ago, the State attempted to admit evidence our client violated a restricted zone using global positioning system (GPS) evidence. They further sought to admit evidence from a Secure Continuous Remote Alcohol Monitoring (SCRAM) device that she inappropriately consumed alcohol while on bond. On the day of the hearing [...]

By | January 5th, 2016|"Off The Back", Courtroom Trial Practice, Forensic Evidence|Comments Off on “Getting Creative – Use Kelly v. State to Challenge Any Scientific Evidence”

Parting Wisdom for the Courtroom Warrior

We are finishing our series on defending criminal cases involving forensic evidence. The final counsel for lawyers battling prosecutors on this front is don't be afraid. Frequently, when defense lawyers are confronted with the results of forensic testing they give up and begin looking for a plea. To successfully defend these cases we must be [...]

By | November 21st, 2013|Forensic Evidence|Comments Off on Parting Wisdom for the Courtroom Warrior

Defending a Criminal Case Using Forensic Experts

Attacking the science and technique involved in a forensics investigation can be complicated. If a forensic technique is new to you, don't attempt a challenge without the assistance of a qualified expert. They don't need to be a testifying expert. A consulting expert can be invaluable in helping you understand the science and helping you [...]

By | November 4th, 2013|Forensic Evidence|Comments Off on Defending a Criminal Case Using Forensic Experts

Steps to Challenge The Prosecution’s Forensic Evidence

The proponent of scientific evidence typically bears the burden to show the evidence is reliable. [See Daubert v. Merrell Dow Pharmaceuticals Inc. 509 U.S. 579 (1993); Kelly v. State, 824 S.W. 2d 568 (Tex. Crim. App. 1992); Hartman v. State, 946 S.W.2d 60 (Tex. Crim. App. 1997)] Reliability requires proof the underlying scientific theory was [...]

By | September 16th, 2013|Forensic Evidence|Comments Off on Steps to Challenge The Prosecution’s Forensic Evidence

Building Your Forensic Defense Case . . . First Things First.

We started our discussion about defending the forensic evidence case a few weeks ago. Now that you're committed, it's time to start studying, brainstorming, and building ideas. Here are some thoughts on constructing a solid foundation.   Investigate The Crime Scene Larger police departments usually have specialized police officers trained in crime scene investigation. They're trained [...]

By | August 28th, 2013|Forensic Evidence|Comments Off on Building Your Forensic Defense Case . . . First Things First.

So You’re Defending a Forensic Evidence Case . . . Now What?

Let's give a helping hand to young lawyers . . . those up and coming. Hard-workers looking for ways to defend difficult cases. Since the most satisfying reputation any lawyer can develop is one for taking difficult cases others don't want, learning to develop defensive ideas in forensic laden cases is a invaluable skill. Here's [...]

By | August 14th, 2013|Forensic Evidence|3 Comments

Recent Kaufman County Arrests Reveal Importance of Forensic Evidence

The recent arrest of Kim Williams for charges of capital murder reveal the devastating effects forensic evidence can have in a criminal prosecution. Authorities claimed that ballistics and computer forensic evidence connected Ms. Williams to the murders of prosecutors Mark Hasse, Mike McLelland, and McLelland's wife, Cynthia. In a criminal prosecution, ballistic analysis has the [...]

By | April 17th, 2013|Forensic Evidence, Internet Crimes|Comments Off on Recent Kaufman County Arrests Reveal Importance of Forensic Evidence

Touch DNA and College Station Criminal Defense Lawyers

In 1999 Timothy Masters was convicted of murdering a woman he had never even met. Insisting on his innocence, Masters and his criminal defense attorney fought the charge for nearly a decade. Finally, in 2008, he was found not guilty and released from prison. The final ruling was the result of a method of forensic [...]

By | January 8th, 2013|Forensic Evidence|Comments Off on Touch DNA and College Station Criminal Defense Lawyers

Defending the Use of Experts

The prosecution often uses expert witnesses to meet their burden of proof in a criminal case. Common examples are breath test technical supervisors in a DWI prosecution; forensic chemists who analyze DNA in a sexual assault case; fingerprint examiners who might testify about the identification of latent prints in a burglary or theft case; or [...]

By | January 7th, 2013|Forensic Evidence|Comments Off on Defending the Use of Experts

Much of Forensic Science Unreliable

Juries are awed by forensic science in the courtroom. Fingerprint comparison, DNA, handwriting analysis, ballistics,blood-splatter, shoe print comparison, etc. Prosecutors across the county depend upon this evidence to obtain convictions and juries are conditioned by television shows, like CSI, to expect it. However, a recent report from the National Academy of Sciences says much of [...]

By | January 7th, 2013|Forensic Evidence|Comments Off on Much of Forensic Science Unreliable