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How to Use Daubert v. Merrell Dow Pharmaceuticals to Defend Forensics
This video describes the Daubert v. Merrell Dow Pharmaceuticals scientific and legal challenges to forensics in criminal court. It's the 2nd video in our series on utilizing science and law to defend against forensic evidence. In this video, College Station criminal defense attorney Stephen Gustitis explains how to use the scientific and legal principles of [...]
By Stephen Gustitis| 2019-04-10T17:20:55+00:00	April 10th, 2019|Courtroom Trial Practice, Forensic Evidence|0 Comments
Forensic Evidence – Intersection of Science and Law
This video describes forensic evidence as the intersection of science and law. It begins a new series on using science and law to defend against forensic evidence in court. Visit https://www.gustitislaw.com for more information about forensic evidence and how to defend against forensics when charged with a crime in Bryan-College Station, TX. In this video, [...]
By Stephen Gustitis| 2019-04-03T15:55:16+00:00	April 3rd, 2019|Forensic Evidence|0 Comments
"Getting Creative – Use Kelly v. State to Challenge Any Scientific Evidence"
In a contested bond revocation hearing, not long ago, the State attempted to admit evidence our client violated a restricted zone using global positioning system (GPS) evidence. They further sought to admit evidence from a Secure Continuous Remote Alcohol Monitoring (SCRAM) device that she inappropriately consumed alcohol while on bond. On the day of the hearing [...]
By Stephen Gustitis| 2018-09-19T14:37:35+00:00	January 5th, 2016|"Off The Back", Courtroom Trial Practice, Forensic Evidence|Comments Off on "Getting Creative – Use Kelly v. State to Challenge Any Scientific Evidence"
Parting Wisdom for the Courtroom Warrior
We are finishing our series on defending criminal cases involving forensic evidence. The final counsel for lawyers battling prosecutors on this front is don't be afraid. Frequently, when defense lawyers are confronted with the results of forensic testing they give up and begin looking for a plea. To successfully defend these cases we must be [...]
By Stephen Gustitis| 2017-09-21T14:46:24+00:00	November 21st, 2013|Forensic Evidence|Comments Off on Parting Wisdom for the Courtroom Warrior
Defending a Criminal Case Using Forensic Experts
Attacking the science and technique involved in a forensics investigation can be complicated. If a forensic technique is new to you, don't attempt a challenge without the assistance of a qualified expert. They don't need to be a testifying expert. A consulting expert can be invaluable in helping you understand the science and helping you [...]
By Stephen Gustitis| 2017-09-21T14:48:08+00:00	November 4th, 2013|Forensic Evidence|Comments Off on Defending a Criminal Case Using Forensic Experts
Steps to Challenge The Prosecution's Forensic Evidence
The proponent of scientific evidence typically bears the burden to show the evidence is reliable. [See Daubert v. Merrell Dow Pharmaceuticals Inc. 509 U.S. 579 (1993); Kelly v. State, 824 S.W. 2d 568 (Tex. Crim. App. 1992); Hartman v. State, 946 S.W.2d 60 (Tex. Crim. App. 1997)] Reliability requires proof the underlying scientific theory was [...]
By Stephen Gustitis| 2017-09-21T14:50:33+00:00	September 16th, 2013|Forensic Evidence|Comments Off on Steps to Challenge The Prosecution's Forensic Evidence
Building Your Forensic Defense Case . . . First Things First.
We started our discussion about defending the forensic evidence case a few weeks ago. Now that you're committed, it's time to start studying, brainstorming, and building ideas. Here are some thoughts on constructing a solid foundation. Investigate The Crime Scene Larger police departments usually have specialized police officers trained in crime scene investigation. They're trained [...]
By Stephen Gustitis| 2017-09-21T14:52:00+00:00	August 28th, 2013|Forensic Evidence|Comments Off on Building Your Forensic Defense Case . . . First Things First.
So You're Defending a Forensic Evidence Case . . . Now What?
Let's give a helping hand to young lawyers . . . those up and coming. Hard-workers looking for ways to defend difficult cases. Since the most satisfying reputation any lawyer can develop is one for taking difficult cases others don't want, learning to develop defensive ideas in forensic laden cases is a invaluable skill. Here's [...]
By Stephen Gustitis| 2017-09-21T14:53:23+00:00	August 14th, 2013|Forensic Evidence|3 Comments
Recent Kaufman County Arrests Reveal Importance of Forensic Evidence
The recent arrest of Kim Williams for charges of capital murder reveal the devastating effects forensic evidence can have in a criminal prosecution. Authorities claimed that ballistics and computer forensic evidence connected Ms. Williams to the murders of prosecutors Mark Hasse, Mike McLelland, and McLelland's wife, Cynthia. In a criminal prosecution, ballistic analysis has the [...]
By Stephen Gustitis| 2017-09-21T20:42:43+00:00	April 17th, 2013|Forensic Evidence, Internet Crimes|Comments Off on Recent Kaufman County Arrests Reveal Importance of Forensic Evidence
Touch DNA and College Station Criminal Defense Lawyers
In 1999 Timothy Masters was convicted of murdering a woman he had never even met. Insisting on his innocence, Masters and his criminal defense attorney fought the charge for nearly a decade. Finally, in 2008, he was found not guilty and released from prison. The final ruling was the result of a method of forensic [...]
By Stephen Gustitis| 2017-09-22T19:21:40+00:00	January 8th, 2013|Forensic Evidence|Comments Off on Touch DNA and College Station Criminal Defense Lawyers
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