Repository Collection 03

State v. Derrick Allen

Durham County Superior Court, File Nos. 98CRS 55208, 98CRS 7979-7980

CASE ENTRY

Last Revised • July 4, 2026

This court order documents judicial findings regarding forensic reporting practices within the North Carolina State Bureau of Investigation Forensic Biology Section. The Order of Dismissal in State v. Derrick Allen found that laboratory reporting practices concealed favorable forensic evidence and contributed to significant due process concerns, providing judicial support for the allegations discussed throughout Statement of Facts A


Related SMAR Citation

“[State v. Derrick Allen, Durham County Superior Court, File Nos: 98CRS 55208, 98CRS 7979- 7980; Order of Dismissal]”


Case Name

State v. Derrick Allen


Citation

Durham County Superior Court, File Nos. 98CRS 55208, 98CRS 7979-7980


Date

December 10, 2010

(Entered March 9, 2011, nunc pro tunc to December 10, 2010)


Verification Source

State v. Derrick Allen Order of Dismissal


Source Location

Order of Dismissal Pursuant to N.C. Gen. Stat. §§ 15A-910 and 15A-954(a)(4) and the United States and North Carolina Constitutions


Highlighted Pages

1, 27, 29, 37, 44, 45


Referenced in the Supplemental Motion

Page 13, Paragraph: 15


Source Status

✔ Original Order of Dismissal obtained and verified.

✔ Relevant holding highlighted

✔ Publicly available source

✔ Included within the Source Verification Archive


Cited to Support

May's allegation that misleading forensic reporting within the SBI Forensic Biology Section was not the result of isolated misconduct by individual analysts, but rather stemmed from an institutional policy. The Order of Dismissal in State v. Derrick Allen is cited to establish Judge Hudson's findings that Agent Jennifer Elwell's reporting practices were consistent with a designed SBI laboratory policy that obscured or failed to clearly report test results favorable to defendants. May relies upon these findings to support his claim that the SBI maintained a systemic pro-prosecution bias, that favorable forensic evidence was deliberately concealed through laboratory reporting practices, and that the credibility of SBI forensic analysts was substantially undermined in criminal cases where they testified on behalf of the State.


Supporting Documents

Original Article

Link to the original article.

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Highlighted Research Copy

Working research copy containing the highlighted passages cited in the Supplemental Motion.

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