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Forensic science Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Forensic science" (Page 3)

Confrontation Clause Upheld at US S.Ct.

[caption id="" align="alignright" width="180"] Image via Wikipedia[/caption]The United State Supreme Court decided a very important case that impacts directly upon DUI trials.  In Melendez-Diaz v. Massachusetts, the Court held that lab reports which are used as evidence in trial are “testimonial” as defined by Crawford v. Washington and Davis v. Alaska.  What this means for prosecutors is that the witness must be called as a witness and be subject to cross-examination.  The majority consisted of Justices Scalia, Stevens, Souter, Thomas and Ginsburg.  Justice Kennedy wrote the dissent and was joined by Justices Alito, Roberts and Breyer.The dissent attempts to...

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Mastering Scientific Evidence in DUI

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Today, I am leaving for the 16th annual "Mastering Scientific Evidence in DUI/DWI Cases" which takes place in beautiful New Orleans, Louisiana.  This three-day seminar will cover topics such as GERD: How it causes false positive results; Disconnect Defenses; Source Code updates; Ignition Interlock devices and the Rising Alcohol Defense.  The seminar will culminate with a mock trial of a breath test case.  If you have any questions for me please call my 24-hour number at 937-776-2671 and I will get back to you. ...

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Forensic Science Questioned by the NACDL

I am writing to alert NACDL membership to an important development that may have a significant impact on criminal defense practice.  The National Research Council today released a sweeping critique of current forensic science methods presented by police and prosecutors in courtrooms across the country.  The report, Strengthening Forensic Science in the United States: A Path Forward, found that too many “crime” labs evince a prosecutorial bias more oriented toward convicting suspects rather than scientific truth. It found that many currently accepted fields are based on outmoded or untested theories ...

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NOT GUILTY!

As I write this post I am overtaken with exhaustion and a great sense of relief and gratitude.  A Greene County jury has just returned verdicts of "NOT GUILTY" in the matter of State v. Kreitz. This was my first homicide case and I was convinced of the innocence of my client.  To prove his innocence I was aided by remarkable co-counsel Richard Brown and Mark Babb.  This case was laden with forensic science, accident reconstruction, DNA, foot print evidence and DUI scientific issues.  I would never have been able to navigate these issues without the help of Lee Edwards,...

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BAC DataMaster DMT

Released in 2004, the DataMaster DMT represents a quantum leap in technology for the breath testing industry. From the outset, the design philosophy was to combine the proven analytic portion of previous DataMasters with a flexible and scalable user interface in a service-friendly instrument. The result was the first breath alcohol tester to utilize a graphics capable touch screen display and a powerful embedded PC able to take advantage of many off the shelf PC peripherals available on the market. This provides a dynamic control platform that is easily configured to satisfy any present and future needs of the customer.The...

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DUI Credentials: Rowland First in US To Earn Forensic Sobriety Assessment

FSA Certification is the most advanced credential available to DUI professionals in behavioral sobriety assessment. Ideally, all attorneys, judges, and police officers who deal with DWI cases would be knowledgeable about these topics. While the National Highway Traffic Safety Administration (NHTSA) trains police officers to assess intoxication, it does not provide training in important scientific topics or differential diagnosis, and does not address the many criticisms of the tests. FSA Certification is available to those who demonstrate proficiency by passing examinations in seven of the eight content areas (the module on statistical significance and effect size is currently optional).Charles M....

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