Case (cite)
State v. Jones, 303 P.3d 1084 (Ct. App. Wash. 2013)
Note: The Washington version of 702 applied in this case only consists of two factors: “(1) does the witness qualify as an expert and (2) does the witness’s testimony assist the trier of fact to understand the evidence”
“Bunter mark evidence—and firearm ballistics evidence generally—is hardly novel or untried. Although there is no reported Washington appellate case on this issue, numerous courts around the country have permitted firearm ballistic evidence, noting that it is an established science. See, e.g., United States v. Williams, 506 F.3d 151, 161 (2d Cir.2007) (holding that government expert’s firearms identification methodology matching particular guns to particular bullets was not pseudoscience); United States v. Hicks, 389 F.3d 514, 526 (5th Cir.2004) (holding that matching ballistics testing of shell cases is accepted methodology); Fleming v. State, 194 Md.App. 76, 1 A.3d 572, 586, 590 (2010) (holding microscopic “[f]irearms toolmark identification” and analysis is generally accepted in scientific community); Al Amin v. State, 278 Ga. 74, 597 S.E.2d 332, 344 (2004) (holding that ballistic and tool marks evidence is not novel). Because bunter mark evidence, like other firearm ballistics evidence, is generally accepted in the relevant scientific community, Frye was not implicated here and the trial court was not required to hold a Frye hearing.”