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, […]
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 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 […]
Draft Motion to Include Revised Jury Instruction on Implicit Racial Bias
This draft motion relies on social science about the effectiveness of mental imagery techniques at combatting implicit biases to argue for a proposed criminal jury instruction that employs a “cloaking” or “perspective-switching” exercise in which jurors are asked to consider if their impressions of the defendant (or a witness) would change if they were a […]
Draft Motion to Suppress Evidence Obtained Due to Improper Cueing of Drug-Detection Dog
This draft motion should be used to combat a probable cause finding predicated on a dog sniff if there is any indication that the dog’s handler prompted the dog (intentionally or unintentionally) to alert through a head nod, verbal command, repeated searches, etc. The motion relies on social science research about how readily dogs respond […]
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 […]
Daubert Motion (a) outlining the history that lead to Abusive Head Trauma/Shaken Baby Syndrome (AHT/SBS) junk science (b) detailing why AHT/SBS is not a scientifically reliable diagnosis (c) applying the Daubert factors to proposed AHT/SBS expert testimony
This motion challenges the scientific reliability of a prosecution expert’s testimony related to AHT/SBS. The motion outlines the history of AHT/SBS (pp. 11-15), details why AHT/SBS is not a scientifically reliable diagnosis, and applies the Daubert and Federal Advisory Committee Notes factors to AHT/SBS (pp. 29-33). The motion details how biomechanics undermine the premise of AHT/SBS […]
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 […]