Brief in Support of Motion for Admission and Funding for an Antiracism Expert Witness
This brief argues that funding for and admission of an antiracism expert witness is necessary to ensure due process and fairness under both the U.S. and Massachusetts Constitutions, as well as Mass. Gen. Laws ch. 261, § 27C. An antiracism expert’s testimony would assist the factfinder in understanding how structural and interpersonal racism shape perceptions, […]
Motion in Limine to Exclude Evidence of Substance Use
This motion argues that evidence of a client’s alleged substance use must be excluded because it constitutes impermissible character evidence under FRE 404(a), poses a high risk of unfair prejudice under FRE 403, and invites unqualified medical opinion testimony in violation of FRE 701. Citing social-science research showing that jurors associate substance use with immorality, […]
Brief in Support of Motion to Prohibit [Drug/Alcohol] Testing as Mandatory Probation Condition
This brief argues against mandating regular drug or alcohol testing as a probation condition for a client who does not have a history of substance abuse related to their offense. It is written citing MCL 771.3(11), which requires probation conditions to be tailored to the individual’s assessed risks and needs, but can be easily adapted […]
Daubert Motion to Exclude Firearm and Toolmark Evidence
This motion seeks exclusion of firearm and toolmark identification evidence under Daubert and Michigan Rule of Evidence 702, arguing that the AFTE method lacks foundational scientific validity and relies on subjective, unarticulated examiner judgment. Drawing on the National Academy of Sciences and President’s Council of Advisors on Science and Technology reports, the motion explains that […]
Motion for Diversion to Restorative Justice Program
This draft motion argues for diversion to restorative justice (RJ) programming in lieu of imposing a traditional probation sentence. Section I (p. 1-3) explains the basic tenets of restorative justice, citing research showing restorative justice is more effective at reducing recidivism than conventional court processes. Section II (p. 3-6) argues that restorative justice works even […]
Amicus arguing that every step of a facial recognition search—the probe photo, database used, photo editing, algorithmic search, and human review—must be disclosed under Brady v. Maryland.
Because each stage of Facial Recognition (FR) carries a risk of error, due process and Brady require disclosure concerning every step (pp. 6–7). The five steps are: (1) the probe photo used, (2) the database selected, (3) any photo editing performed, (4) the algorithmic search, and (5) human review (pp. 6, 9–13). The brief explains […]
Motion to Discount ShotSpotter Alert in Reasonable Suspicion Analysis and Suppress Evidence Seized from an Illegal Terry Stop
Relying on empirical studies from New York City, Chicago, Houston, and Dayton, Ohio, this motion explains that ShotSpotter alerts are unreliable because they rarely lead to discovery of gun-related crime or weapon use. It further argues that ShotSpotter alerts are unparticularized because they improperly equate assessments about a place with assessments about individuals in that […]
Motion for Jury Instructions Specific to Fingerprint Evidence
This motion describes social science research about the fallibility of fingerprint evidence (pp. 1-6); explains that jurors tend to perceive fingerprint evidence as infallible and over-rely on it (pp. 6-7); and discusses the effectiveness of jury instructions in countering this preconception of infallibility (pp. 7-15). The motion describes, links to, and argues for a short […]
Motion in Limine to Bifurcate Trial and Exclude Evidence of Client’s Prior Conviction During the Initial Phase
This motion argues that, in cases where the government must prove a prior conviction as an element of the offense, the trial should be bifurcated into two phases. In the first phase, the jury should hear evidence about the non-prior-conviction elements. Only if the jury returns a guilty verdict on these elements should the government […]
Motion to Exclude Child Sexual Abuse Accommodation Syndrome (CSAAS) Testimony
This motion challenges a forensic child abuse investigator’s attempt to bolster a child complainant’s credibility in a sexual assault case through testimony about Child Sexual Abuse Accommodation Syndrome (CSAAS). Drawing on social science and precedent, the motion argues that CSAAS testimony is not admissible under FRE 702 & Daubert because it is not scientifically reliable […]