State v. Phillips, 2015 WL 5168253 (Sup. Del. 2015)

Reliabilityof AFTE theory: "Adopting the Otero Court's analysis, this Court finds that the AFTE methodology for firearms and toolmark identification is reliable under the Daubert requirements. As discussed in each section above, the AFTE methodology can be and has been tested, and it has been subjected to peer review and publication. The AFTE methodology also has a low error rate of approximately—1 to 2 percent—for false identifications when employed by trained examiners. Moreover, the AFTE provides an extensive manual that dictates the standards for examiners to adhere to while conducting their examinations. Finally, the AFTE methodology is generally accepted among professional examiners as a reliable method of firearms and toolmark identification. Importantly, Defendant even concedes that the AFTE methodology is reliable.56 Accordingly, the Court finds that the AFTE methodology for firearms and toolmark identification is reliable under Daubert."Defendant also argued that the expert did not apply the theory correctly. The court disagreed, stating that the expert's testimony that the AFTE manual not need to be followed word for word does not prove that he did not follow it in this case or generally. The court also notes that the Supreme Court of Delaware had previously found this expert's testimony relaible.