STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
_____________ COUNTY SUPERIOR COURT DIVISION
FILE NO. ________________
STATE OF NORTH CAROLINA
MOTION TO COMPEL DISCLOSURE
VS OF UNDERLYING SBI FILE
(GUNSHOT RESIDUE TESTING)
_________________________,
Defendant
NOW COMES the Defendant, by and through her attorney, _______________, and hereby moves the Court for Orders:
1. Requiring the Office of the District Attorney, 12th Judicial District, to contact forthwith the State Bureau of Investigation Laboratory, and to obtain from that agency ALL documents, memoranda, notes and other paper writings of any kind contained in the SBI laboratory files pertaining to a Gunshot Residue Test allegedly done on this Defendant, on or about, July 23, 2002 in Cumberland County. (See SBI Lab Report No: R200218460, attached hereto and incorporated by reference).
2. Requiring the Office of the District Attorney, 12th Judicial District, to contact forthwith the State Bureau of Investigation Laboratory, and to obtain from that agency ALL laboratory procedure and protocol documents or manuals concerning Gunshot Residue Testing; any reports documenting "false positives" in prior SBI Gunshot Residue laboratory results; and information about the credentials of the individuals who performed the Gun Shot Residue Tests referred to in SBI Lab Report No: R200218460, attached hereto and incorporated by reference.
3. Requiring the Office of the District Attorney, 12th Judicial District, to turn over originals or photocopies of all documents and other information obtained pursuant to the requests in Paragraphs 1 and 2 (above), to defense counsel within one month’s time.
In support of this motion counsel cites:
1. N.C.G.S. 15A-903
2. S v. Cunningham, 108 N.C. App. 185 (1992)
3. S. v. Dunn, ___ N.C. App. ____ (11/19/2002)
4. Ake v. Oklahoma, 470 U.S. 68 (1985)
5. The Sixth and Fourteenth Amendments to the Federal Constitution
6. Article One, Sections 19, 23, 35 and 36 of the State Constitution.
This the ___________ day of _________________ 20_____.
________________________________
Attorney-at-Law
CERTIFICATE OF SERVICE
The undersigned counsel for the aforenamed defendant hereby certifies that a copy of the foregoing Motion was delivered to the Office of the District Attorney, Twelfth Judicial District, on the _____ day of _______________, 20____.
________________________________
Attorney for the Defendant