Category: Repositories

Legal Document Repository

Order on Defendant’s Motion to Suppress Re: Genetic Information (State of Idaho v. Bryan Kohberger)

Order on the defense’s motion to suppress genetic information in an Idaho quadruple homicide case that occurred in 2022. The trial court denied the defense’s motions to suppress citing no reasonable expectation of privacy in abandoned property and shared common DNA segments of a relative who uploaded their DNA into a commercial database available to consumers.
Legal Document Repository

Tyrone Harvin v. State of Maryland (2024) Opinion

Appeals Court decision upholding admissibility of using TrueAllele®, a probabilistic genotyping software (PGS), to interpret DNA mixtures detected on items recovered during the investigation of a Maryland sexual assault case that occurred in 2018. The court’s opinion includes a helpful discussion on experts in general, as well as a discussion on the use of PGS for forensic purposes. The court also discusses the recently adopted Daubert standard in criminal cases.
FindLaw

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

Minnesota Supreme Court ruling held that the defendant in this 1986 homicide prosecution has no reasonable expectation of privacy in semen collected at the crime scene or items 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.
FindLaw

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

Minnesota Supreme Court ruling held that the defendant in this 1993 homicide prosecution has no reasonable expectation of privacy in a discarded napkin which was retrieved by police, tested for DNA, and led to the generation of a DNA profile that was found to match with a DNA profile recovered from the crime scene.
Legal Document Repository

State of Idaho v. David Dalrymple – Case Documents

These case documents pertain to the 1982 Idaho homicide and sexual offense case, State of Idaho v. David Dalrymple, and collectively outline the parties’ competing positions regarding the admissibility of genetic evidence, the constitutional implications of Single Nucleotide Polymorphism (SNP)-based genealogical searching, and the scope of discovery obligations related to Forensic Genetic Genealogy (FGG) investigative methods. The materials include: (1) an order denying the defense’s motion to suppress genetic information; (2) the prosecution’s response to the defense’s Fourth Amendment claim; (3) the defense’s brief supporting its motion to suppress genetic evidence; (4) the prosecution’s follow up motion to reopen regarding disclosure of the FGG process; (5) the prosecution’s memorandum in support of its motion in limine seeking non-disclosure of the FGG process and any leads it generated; and (6) the prosecution’s motion in limine requesting non-disclosure of the FGG process and investigative leads.
Legal Document Repository

Court’s Ruling on Defense Motion to Suppress (State of Idaho v. David Dalrymple)

Order denying defense’s motion to suppress genetic information in an Idaho murder-sexual offense case that occurred in 1982. The trial court denied the defense’s motions to suppress citing no reasonable expectation of privacy in hair collected at the crime scene or use of publicly available DNA information contained in genealogic databases. Additionally, the trial court upheld that a DNA sample obtained from the defendant after arrest by means of a search warrant, was lawful, and that the Idaho Constitution does not limit what can be done to a DNA sample that is lawfully collected (e.g., for use in generating a Single Nucleotide Polymorphism [SNP] profile).
Legal Document Repository

State’s Objection and Brief in Opposition to Defendant’s Motion to Suppress (State of Idaho v. David Dalrymple)

Prosecution’s response to the defense’s claim of Fourth Amendment violation in an Idaho murder-sexual offense case that occurred in 1982. The prosecution attached, as an exhibit, the Minnesota trial court’s ruling on this issue in State v. Westrom. See Minnesota Supreme Court’s opinion in the Westrom Case, which is consistent with the trial court’s ruling here.
Legal Document Repository

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

Defense’s brief in support of the motion to suppress genetic evidence in an Idaho murder-sexual offense case that occurred in 1982. Defense claims that techniques used to generate a Single Nucleotide Polymorphism (SNP) profile from the defendant’s hair (located and collected from the crime scene) which was then subjected to genealogical search violates the defendant’s Fourth Amendment and the State of Idaho’s privacy rights of a suspect.
District Attorney’s Office, Denver, CO

State of Colorado v. Jason Groshart – Case Documents

These case documents pertain to the 2004 Colorado sexual-assault case, State of Colorado v. Jason Groshart, and collectively outline the prosecution’s strategic positions concerning the admissibility of evidence, the treatment of Forensic Genetic Genealogy (FGG) in both discovery and trial proceedings, and the constitutional challenges raised by the defense. The materials include: (1) the prosecution’s notice of intent not to reference the use of FGG at trial; (2) the prosecution’s response to the defense’s motion to dismiss based on alleged “outrageous government conduct”; (3) the prosecution’s response to the defense’s motion to dismiss for violation of the defendant’s speedy trial rights; (4) the prosecution’s motion to admit evidence of a prior act by the defendant; and (5) the prosecution’s argument opposing discovery of the FGG investigative process.