Motion for Judgment of Acquittal Where Only Evidence Supporting Possession with Intent to Distribute is Amount of Methamphetamine Found
Draft motion arguing that finding many grams of methamphetamines does not necessarily support a conviction for possession with intent to distribute. Bottom of p. 1 through p. 3 explains that people addicted to methamphetamines use more frequently and in higher dosages than first-time users, using as much as one gram per day and rarely (but […]
Motion section arguing that an adolescent client’s history of exposure to trauma is a factor in the voluntariness analysis that should lead to suppression of a confession
This draft motion section relies on psychological and neuroscientific research to argue that young people who have been exposed to trauma behave differently when interrogated and are more likely to give false, unreliable, and involuntary confessions such that past exposure to trauma should be an important factor in the voluntariness analysis. Pages 2-3: Youth with […]
Expert Reports on Low Rates of Sex Offense Recidivism and the Counterproductive Impact of Sex Offender Registration and Notification (SORN) Requirements on Public Safety, Deterrence, and Recidivism
The ACLU of Michigan included these reports as exhibits in its recent litigation attacking the constitutionality of Michigan’s Sex Offenders Registration Act (SORA). Does v. Whitmer (Does III), No. 22-cv-10209 (E.D. Mich.). The research cited in these reports — specifically on the low risk of recidivism among people convicted of sexual offenses and the counterproductive impact […]
p. 40-86 outline the flaws in firearm identification, the current state of the field, and issues of cognitive bias
Amicus brief (a) explaining why Shaken Baby Syndrome/Abusive Head Trauma (SBS/AHT) diagnoses are not legitimate, (b) discussing the importance of biomechanical engineering experts in debunking the validity of SBS/AHT, and (c) collecting research about the causes of false confessions and forensic confirmation biases
Pg. 13 – noting that there is no reliable scientific study validating the hypothesis that shaking alone can cause bleeding in the brain and eyes and neurological impairment; accidents can cause these symptoms Pg. 14 – discussing thirty documented exonerations of innocent people wrongfully convicted based on shaken baby syndrome (and in 13% of those […]
This brief follows an extensive Frye hearing on bullet matching evidence and incorporates extensive criticism from the scientific community, an explanation of the unintended impact that a narrow definition of the “relevant scientific community” can have, and evidence of the ways that cognitive bias impermissibly taint pattern-matching evidence.
Amicus brief in support of admitting expert testimony on the science of false memories in a child sexual abuse prosecution
Pgs. 7-8 – summarize scientific research describing how people create entirely false memories, a study of false memory creation, and a list of false memory risk factors, particularly for children. Pgs. 9-10 – explain how interview techniques can create false memories in children, even false memories that do not seem to directly relate to the […]
p. 35-65 detail research demonstrating bite-mark comparison has “no empirical support” high error rates, and is not accepted within the scientific community
Pages 1-4 discuss the history and development of the DRE program; pages 6-10 explain how the DRE test fails Rule of Evidence 702 because it does not assist the trier of fact to understand a fact in issue and the officers who testify about it are not qualified in the relevant field of knowledge; and […]
P. 21-25 of the brief details the developments in scientific understanding of fire, including the 2004 National Fire Protection Association’s Guide for Fire and Explosion Investigations (NFPA 921), studies conducted by ATF and the National Institute of Justice, and other experts.