Amicus Brief Challenging Lifetime Felony Disarmament Under Bruen
This amicus brief argues that Washington’s lifetime felony firearm disarmament statutes violate the Second Amendment as applied to a person convicted of vehicular homicide, because the State cannot identify a relevant historical analogue as required by Heller, Bruen, and Rahimi. The brief explains that the Supreme Court’s text and history test has been applied selectively, […]
Motion to Exclude Improper Opinion Testimony on Manner of Death
This motion argues for the exclusion of opinion testimony by medical examiners on the manner of death in a homicide trial under both the rules of evidence and the Sixth Amendment jury trial right. It explains that medical examiners speculate as to the “manner” of death based on extraneous information provided to them, notes that […]
Motion to Exclude DNA Testimony About Likelihood Ratios Obtained Using STRMix Probabilistic Genotyping Software
This motion relies on the Federal Rules of Evidence to argue for exclusion of expert DNA testimony about the likelihood ratio obtained using STRMix probabilistic genotyping software. Pages 5-8 describe the basic steps of DNA extraction and analysis. Pages 8-9 discuss the problems of trace DNA and the possibility of innocent transfer of DNA. Page […]
Motion to Exclude Police Testimony About How Drug Deals Happen, the Behavior of Drug Traffickers, Quantities of Drugs that Indicate Distribution, and the Relationship Between Firearms and Drug Trafficking
This motion relies on the Federal Rules of Evidence to argue for exclusion of police testimony about the behavior of drug traffickers. Pages 13-14 rely on social science to argue that users of fentanyl, methamphetamine, and cocaine consume large quantities of each of those drugs daily to support their habit such that courts cannot infer […]
Amici Curiae Brief Challenging Introduction of Prior Robbery Conviction for Impeachment Purposes
This brief challenges Washington Evidence Rule 609 under the Washington State Constitution and objects to the introduction of a prior robbery conviction for impeachment purposes. The brief cites research showing that the admission of prior convictions against criminal defendants has minimal, if any, probative value on the defendant’s truthfulness as a witness, and instead lowers […]