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Category: Investigative Resource Repository
Investigative Resource Repository

Maryland Criminal Procedure – Forensic Genetic Genealogical DNA Analysis and Search – Applicability for Deceased and Missing Individuals

The Maryland General Assembly enacted an amendment (effective October 1, 2024) to the comprehensive statute limiting the application and use of Forensic Genetic Genealogical DNA Analysis and Search (FGGS) set forth in Title 17 of the Criminal Procedure Article of the Annotated Code of Maryland, excluding steps taken using FGGS to identify unidentified human remains from coverage of Title 17.
October 2024
Investigative Resource Repository

Harvin v. State of Maryland (2022) Opinion

Appeals Court decision upholding admissibility of process utilizing TrueAllele®, a probabilistic genotyping software (PGS). This process was used to interpret DNA mixtures detected on several items recovered during an investigation of a sexual assault of an 83-year-old female victim. Court’s opinion includes a helpful discussion on experts in general, as well as a discussion on the use of PGS for forensic purposes. Court also discusses the recently adopted Daubert standard in criminal cases.
September 2024
FindLaw

State v. Carbo (2024) Opinion – Supreme Court of Minnesota

In their ruling, the court held that the defendant in this homicide prosecution has no reasonable expectation of privacy in the semen collected at the crime scene or in the items he had discarded in a communal trash bin. However, there are concurring and dissenting opinions to the majority ruling. An additional issue addressed in this ruling pertained to the trial court improperly excluding alternative perpetrator evidence whereby the conviction was reversed and remanded for that reason.
May 2024
FindLaw

State v. Westrom (2024) Opinion – Supreme Court of Minnesota

In their ruling, the court held that the defendant in this homicide prosecution has no reasonable expectation of privacy in a discarded napkin which was retrieved by police and tested for DNA leading to a DNA profile that was associated with a DNA profile recovered from crime scene. Other issues addressed in this ruling include: 1) exclusion of alternative perpetrator evidence, 2) exclusion of the defendant’s forensic podiatry evidence, 3) the state’s closing argument was not improper, and 4) circumstantial evidence was sufficient for conviction.
May 2024
Investigative Resource Repository

Idaho v. Dalrymple – Case Resources

1) State’s Motion in Limine for Non-Disclosure
2) Memorandum in Support of State’s Motion in Limine for Non-Disclosure
3) State’s Motion to Re-Open Previously Filed and Ruled Upon Motion in Limine for Non-Disclosure
4) State’s Objection and Brief in Opposition to Defendant’s Motion to Suppress
5) Defense’s Brief in Support of Motion to Suppress
6) Court’s Ruling on Defense Motion to Suppress
May 2024
Investigative Resource Repository

Defense’s Brief in Support of Motion to Suppress (Idaho v. Dalrymple)

Suspect’s hair that was found from the crime scene of a murder-sexual offense case was subjected to single nucleotide polymorphism extraction and genealogical search. Defense claims these techniques violate the defendant’s Fourth Amendment and the State of Idaho’s privacy rights of a suspect.
April 2024
District Attorney’s Office, Denver, CO

Colorado v. Groshart – Case Resources

1) The People’s Ex Parte Submission & Request for Ex Parte, In Camera Hearing
2) People’s Motion to Admit Evidence of Another Act of the Defendant
3) People’s Response to Defense Motion to Dismiss for Violation of Right to Speedy Trial
4) People’s Response to Defense Motion to Dismiss Due to Outrageous Government Conduct
5) People’s Notice of Intent to Not Mention the Use of Forensic Genetic Genealogy at Trial
March 2024

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