This update was originally posted on Apr. 10, 2024 on North Carolina Criminal Law, a UNC School of Government Blog available here. In Part I of my Spring 2024 cannabis update, I discussed the search and seizure issues arising in North Carolina courts around cannabis. Part II explores drug identification evidence issues surrounding marijuana prosecutions and examines potential challenges defenders might raise. This post will also cover recent developments on the state, federal, and tribal levels impacting cannabis. Lay Opinions Identifying Marijuana. Under precedent pre-dating th ..read more

This update was originally posted on Apr. 8, 2024 on North Carolina Criminal Law, a UNC School of Government Blog available here. It has been a while since my last post on cannabis and criminal law issues, and it is past time for an update. In addition to a number of state cases grappling with search and seizure issues surrounding cannabis, there have been recent developments in the area on the federal and tribal levels. Today’s post will focus on search and seizure issues in marijuana prosecutions. Part II will cover drug identification issues and other recent issues affecting the s ..read more

Free live webinar, offered by NACDL Wednesday, May 8, 2024, 1:00 pm ET Social media evidence is everywhere. In the digital age, law enforcement is savvy enough to pull information about your client’s online presence and use it against them in criminal proceedings. Getting this data and challenging it are skills every modern defense attorney needs.   Join Hanni Fakhoury, Partner at Moeel Lah Fakhoury, and an expert on electronic surveillance and digital privacy, for a deep dive on the law governing this space. Learn how social media evidence can and cannot be accessed, how it’s authentica ..read more

Live webinar presented by Korin E. Leffler, PhD, MSEH May 2, 2024, 12:30pm 90 min of CLE credit This presentation will cover the pharmacology and toxicology of central nervous system stimulants in the human body and how they affect the brain.  Content and discussion will focus on amphetamines and methamphetamines and explore the relationship between the drugs and the physiological and clinical symptoms seen in human beings.  Additionally, common effects of the drugs on the human body will be covered in depth, including (but not limited to) delusion, hallucinations and psychosis.  ..read more

If you enjoy YouTube as much as my kids do, but are tired of MrBeast and ready for some informative digital forensics content, check out the material that Envista Forensics is creating. Lars Daniel has a 6-minute video on different types of cell phones extractions, with an explanation of why full file system (advanced extractions) are becoming increasingly important. More videos about litigating cases with digital evidence will be posted soon, so check out the YouTube channel for quick explanations of some hot topics in digital forensic evidence ..read more

In some cases involving cell phone extractions, public defenders and other criminal defense attorneys are being provided with incomplete discovery. When the prosecution provides only PDF and UFED Reader reports to defense counsel, this is not complete discovery. While the UFED Reader reports can be helpful in navigating the phone’s data, the UFED Reader is an incomplete data set that can easily be redacted and must be validated with the original extraction. Below is a simple infographic that you can use to determine if you are missing critical data. Thank you to Spencer McInvaille of Envista F ..read more

One-day online symposium Mar. 14, 2024 at 9:15 am GMT, 5:15 am ET Hosted by the University of Sunderland More information and registration is available here. If you are an attorney handling cases involving clients or witnesses who are neurodiverse, or have a diagnosis of autism or ADHD, you may be interested in this program. The program examines current issues for neurodiverse individuals dealt with in global criminal justice systems worldwide. The papers presented are from established academics, medical experts and practicing lawyers who seek to frame these issues and offer proposals for c ..read more

Live webinar presented by Courtney Lockhart McMickens, M.D., M.P.H., M.H.S. April 4, 2024, 12:30pm 90 min of CLE credit anticipated This presentation will define and discuss the concept of structural competency related to mental health. The influence of traumatic stress and social structures on the identification, treatment, and outcomes of mental health concerns will be reviewed. Lastly, there will be a discussion of how a comprehensive evaluation may consider and conceptualize structural factors, trauma, and effectiveness of mental health services in a legal setting. Registration:T ..read more

Since President’s Day is not a state holiday, I took advantage of the day to spend some time with some important leaders in my world, the experts that are listed in our online database of experts! Our category of medical experts was unwieldy. With over 50 experts from a variety of medical fields listed there, it was tough to find an expert who specialized in the area needed for a particular case. So, I did some reorganizing and we now have our medical category divided into various specialties, as seen here: Please check it out, and I hope you’ll find it easier to find the expert that you need ..read more

In the United States, disabled individuals are over-represented as both victims of crime and those accused of crimes compared with their non-disabled counterparts. This overrepresentation is even higher for those with disabilities and other marginalized identities. NACDL and RespectAbility are offering a 60-minute webinar will cover the basics of disability, etiquette and language, and inclusion, as well as lay a strong foundation for how legal professionals can better serve individuals with disabilities in the criminal legal process.  Details Date & Time: February 29, 2024 | 3:00 – 4 ..read more