Brief filed: 12/06/2010
Bullcoming v. New Mexico
United States Supreme Court; Case No. 09-10876
Decision below 226 P.3d 1 (N.M. 2010).
At the petitioner’s trial for driving while intoxicated, the prosecution called an analyst who took no part in the testing of petitioner’s blood for alcohol content; the New Mexico Supreme Court held that blood alcohol analysis was a simple test in which the presence of the actual analyst was not necessary to interpret the results. This often-technical brief argues that blood alcohol testing using gas chromatography (GC) for analyzing blood alcohol involves exercise of the analyst’s judgment in interpreting results that presents a risk of error that can be discovered only through cross-examination of the analyst who ran the test; a proper cross-examination would include questions that only the actual analyst could answer.
Pattern Cross-Examination of Expert Witnesses: A Trial Strategy & Resource Guide
In a criminal trial, cross-examination of the prosecution’s forensic expert may make the difference between victory or defeat.
2020 Sample Motions Collection Update
NACDL’s 2020 Sample Motions Collection is the follow-up to our wildly popular 2019 Sample Motions Collection and contains the newest and most recent additions to our ever-expanding Sample Motions library.
State v. Stone - A Case Study on Child Sexual Molestation & Sexual Battery
The criminal defense attorney tasked with defending such a case has to be prepared to not only show reasonable doubt, but to answer this question: If it did not happen, how is it that the child believes it did happen?
POZNER ON CROSS: Advanced Cross of Experts & Officers in DUI Cases
It’s not your strong opening argument. It’s not how many of your impassioned objections the judge sustains. It’s not even how you tie your theory of the case together with a dazzling closing statement bow. What wins your trial is your cross.
This is a sponsored ad
Manage Your Law Firm All in One Place
Barbara E. Bergman, Univ. of New Mexico School of Law, Albuquerque, et al.