Case (cite)
U.S. v. Davis, 2019 WL 4306971 (W.D. Va. 2019)
“McVeigh, Gibson, and Etzelmiller MAY:
• Provide testimony explaining their examination procedure and describe the comparison micrographs accompanying the reports produced in discovery;
• Describe any similar characteristics in the toolmarks observed on examined cartridge cases;
• Based on these observations, render an opinion as to whether toolmarks on certain cartridge cases bear marks consistent with each other.
McVeigh, Gibson, and Etzelmiller MAY NOT:
• Opine that certain cartridge cases were fired by the same gun;
• Opine that a cartridge case is a “match” to other cartridge cases or firearms;
• Opine that toolmarks reflect a “signature” permitting the conclusion that certain cartridge cases may be traced to a single firearm; or
• Express confidence in their opinions to any specific level of certainty, including whether the examiners’ observations exclude other firearms or cartridge cases “to a level of practical impossibility.””
Concerns over the reliability of this testimony expressed in the NRC and PCAST reports and those reflected in a recent chorus of federal decisions lead the court to impose certain restrictions on the testimony of these toolmark examiners.