Another day, Another Breath Test Scandal When will we just face facts, Breath Testing America just does not work any more. It is not useful. It perhaps served a purpose back in the 1950s, but today with blood testing and Gas Chromatography, it no longer is needed. Today’s story comes out of Colorado. Again, the […]
Brady notice in DUID cases at DPS Austin in Texas
Every once and a while, I get an email or a report that claims that the sender has never seen an incorrect analytical chemistry result come out of an accredited crime laboratory. I’m going to start publishing them when I get them. So, attorneys please send them in to us. Here is a fairly recent […]
Why so Low? Rule 702 “Hurdle” and who is an expert
Why so Low? Rule 702 “Hurdle” and who is an expert If you stopped and asked anyone (other than a lawyer) what type of education, training and experience one would have to have in order to be qualified in court as an expert witness, you will get varying responses. Some will say PhD. Others will […]
The American Chemical Society-Chemistry and the Law Division Announces The ACS Forensic Lawyer-Scientist Designation as recognized by the Chemistry and the Law Division of the ACS
***For immediate publication and sharing*** The American Chemical Society-Chemistry and the Law Division Announces The ACS Forensic Lawyer-Scientist Designation as recognized by the Chemistry and the Law Division of the ACS http://www.forensicchromatography.com/lawyer-scientist/ With more than 161,000 members, the American Chemical Society (ACS) is the world’s largest scientific society and one of the world’s […]
White House Office of Science and Technology Subcommittee on Forensic Sciences
We are a little behind on our blogs. We hope this week to do some major catching up on current events. When we first started this blog, there was not a lot of discussion on the known problems of forensic science. Now, there is much discussion. And there is very little action. I suppose […]
#FreeHugney Update and Response to the DA’s Points
#FreeHugney Update and Response to the DA’s Points We applaud the First Assistant District Attorney for picking up this case personally. Until the reporters called for comment, he had not been aware of the litigation. In a very short period of time, he was seemingly able to understand some of the basics of the […]
#FreeHugney update
#FreeHugney update As many regular readers of this blog will recall, The McShane Firm has been involved with litigating a case involving a man who so far has served over 35 years and 3 months as a result of a fire that was ruled an arson-murder. Modern fire science has determined that all of the […]
The Ethics of CLE Agenda: A Jury Argument or a Science Argument
The Ethics of CLE Agenda: A Jury Argument or a Science Argument Isn’t the above so true? The concept also holds true when it comes of defense attorneys and their organizations putting on Continuing Legal Education (CLE) programs. It is a small part of the reason that I stopped speaking at lawyer CLE programs. Too […]
Is a Judge Frustrating Justice? A second update to the Burning Bed case: Has an Innocent Man Been Locked up for 35 Years for an Arson that Never Happened?
As a frequent reader will recall, we have blogged on an appointed Post Conviction Relief Act case involving James Hugney, Sr. The science clearly shows that he is innocent. You can read all of the details about the case here: The Burning Bed- Has an Innocent Man Been Locked up for 35 Years for an […]
Another week, another laboratory scandal: Santa Clara County Crime Lab (and it’s accredited by ASCLD/LAB)
Another week, another laboratory scandal: Santa Clara County Crime Lab (and it’s accredited by ASCLD/LAB) [Hat tip to The Charles Smith Blog] I have written time and again about how forensic science as it is currently practiced in the United States needs massive improvement. The repeated Quality Assurance system failures would never be tolerated in […]
AlcoPro doesn’t want breath test devices in the hands of a skeptical attorneys
AlcoPro, Inc. is a distributor of portable breath test devices commonly referred to as PBTs. Law enforcement officers in many states use these devices on the side of the road to help determine if someone is possibly under the influence of alcohol. One of the more popular PBTs that they sell is the Alco-Sensor FST manufactured by Intoximeters, Inc. The […]