Brief Discussing the Science of Photogrammetry and Why a Police Officer Cannot Opine about a Person’s Height in a Surveillance Video
This brief challenges a police officer’s testimony opining that a shooter pictured in surveillance footage and the defendant were the same height. The officer based his opinion on his visual observation of surveillance footage and measurements of the height of markings in the store. The Florida appellate court agreed that this was impermissible lay opinion […]
Motion to Exclude Gruesome and Inflammatory Photographs
“When jurors are presented with evidence that is particularly gruesome, they are likely to experience a visceral emotionally charged feeling that leads them to be inappropriately punitive.” Incorporates studies demonstrating that exposure to gruesome evidence decreases the brain’s capacity for logical reasoning.
Transcript – Motions Hearing – Exclude Expert Witness due to Exposure to Biasing Information
Transcript of testimony and argument pursuant to the defense motion to exclude the government’s expert witness. Defense witness explains (with research studies as examples) confirmation bias, contextual bias, and exposure to task-irrelevant information. Arguments: p. 57-70.
Motion to Exclude Fingerprint Expert, Request for Daubert Hearing
Explains process of latent fingerprint analysis, lack of uniform standards, false claims of “absolute certainty,” and why fingerprint analysis fails the Daubert standard.