Daubert Challenges

Due Process, Half-Truths, And Brady Material

Real justice means everyone accused of a crime gets a fair process to defend against the accusations. In many cases due process happens. Our system of justice, however, requires that occurs in all cases. This isn’t exactly an onerous requirement. It starts with the truth. The truth means…

 …the whole truth, not a half-truth. A half-truth is a type of lie. A half-truth can make something that is merely a belief appear to be knowledge. A half-truth is a deceptive

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The Latest Ruling In the Massachusetts Crime Lab Scandal

Here is an update of the Massachusetts Crime Lab Scandal: • In June, 2011, allegations of misconduct at the William A. Hinton State Laboratory Institute in Jamaica Plain (Hinton drug lab) surfaced regarding work performed by Annie Dookhan, a chemist who had been employed in the forensic drug laboratory since November 2003. • Following an internal review, the Department of Public Health launched a formal investigation of the matter in December, 2011. The investigation concluded that “Dookhan failed to follow

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A Quick And Dirty Daubert Explanation

Daubert is the name of an United States Supreme Court case regarding the admissibility of scientific evidence: Daubert v. Merrell Dow Pharmaceuticals, Inc.  While the case was decided in 1993, it’s holdings are new to Arizona.  Despite some arguments to the contrary by a few luddites, Arizona adopted it on January 1, 2012.  Arizona’s change to a Daubert standard for challenging scientific evidence may be the most significant event our court have ever encountered.  Currently, there are 31 other states that have adopted

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