Caselaw discussing Firearms Expert Testimony
In this database, we have assembled reported decisions, chiefly by appellate courts, that discuss the admissibility of expert testimony regarding firearms comparison evidence. Toolmark Identification is a forensic science discipline that seeks to determine if a toolmark was produced by a specific tool. Within Toolmark Identification, there is a subcategory of Firearm Identification; by analyzing toolmarks and firearms, examiners seek to determine whether a bullet, cartridge case, or other ammunition component was fired by a particular firearm. This database digests reported judicial rulings regarding that type of proffered expert testimony.
Included Cases
The cases displayed in this database were gathered using searches of the Westlaw legal database, across all fifty states and the federal government, with rulings dating back over one hundred years. Where possible, trial rulings were obtained, but generally these cases reflect reported, written decisions containing the keywords used, and therefore largely reflect appellate rulings. The cases are searchable across a range of characteristics, including basic information concerning the state, year, type of court, and parties, but also details concerning the basis of the rulings and the factors relied upon by each court. The database describes whether the ruling employed a Daubert or Frye standard, or a ruling regarding local rules of evidence, and what the result of that ruling was.
Available Resource
The database is intended to provide a resource to forensic practitioners, to familiarize themselves with appellate rulings across jurisdictions, as well as to provide a resource to practicing lawyers seeking to better understand the developing caselaw. The database will be periodically updated to reflect new rulings. Please do not hesitate to reach out to Prof. Brandon L. Garrett, at bgarrett@law.duke.edu, with any questions, or with information about any judicial opinions that we should add to this database.
Search Database
Found 298 Results
Page 2 of 15
Page 2 of 15
Page 2 of 15
| Case (cite) | Year | State | Type of proceeding | Type of claim | Expert evidence ruling reversing or affirming on appeal | What was the ruling? | Type of evidence at issue |
| Commonwealth v. Harrison, 177 N.E.3d 190 (Mass. App. Ct. 2021) | 2021 | Massachusetts | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| Williams v. Commonwealth, 2020 WL 1488775 (Ct. App. Ky. 2020) | 2020 | Kentucky | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| U.S. v. Tucker, 2020 WL 93951 (E.D. N.Y. 2020) | 2020 | New York | Trial | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| U.S. v. Hunt, 464 F.Supp.3d 1252 (W.D. Ok. 2020) | 2020 | Oklahoma | Trial | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| U.S. v. Harris, 2020 WL 6488714 (D.D.C. 2020) | 2020 | District of Columbia | Trial | Evidentiary | Admitted | Other | Firearms identification |
| U.S. v. Brown, 973 F.3d 667 (7th Cir. 2020) | 2020 | Federal | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| U.S. v. Adams, 444 F. Supp. 3d 1248 (Ore. 2020) | 2020 | Oregon | Trial | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| State v. Raynor, 2020 WL 8255199 (Conn. 2020) | 2020 | Connecticut | Appellate | Evidentiary | N/A | Other | Firearms identification |
| State v. Nowicki, 2020 WL 1910847 (N.M. 2020) | 2020 | New Mexico | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| State v. Miller, 2020 WL 7906643 (N.C. App. 2020) | 2020 | North Carolina | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| Ricks v. Pauch, 2020 WL 1491750 (E.D. Mich. 2020) | 2020 | Michigan | Trial | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| Pritchett v. Skipper, 2020 WL 3001960 (W.D. Mich. 2020) | 2020 | Michigan | Federal habeas corpus | Evidentiary | Admitted | Other | Firearms identification |
| Phifer v. State, 2020 WL 2992097 (Md. Ct. Spec. App. 2020) | 2020 | Maryland | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| People v. Ross, 129 N.Y.S.3d 629 (Supreme Court, Bronx Counrt, NY) (slip op.) | 2020 | New York | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| People v. Cabrera, 2020 WL 3496750 (Ct. App. Cal. 2020) | 2020 | California | Appellate | Evidentiary | Admitted | Correct to Admit; No Error due to Harmless Error | Firearms identification |
| People v. Azcona, 272 Cal.Rptr.3d 471 (Ct. App. Cal. 2020) | 2020 | California | Appellate | Evidentiary | Excluded | Error to Admit; Remand | Firearms identification |
| Abruquah v. State, 2020 WL 261722 (Md. Ct. Spec. App.) | 2020 | Maryland | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| Williams v. United States, 210 A.3d 734 (D.C. 2019) | 2019 | District of Columbia | Appellate | Evidentiary | Excluded | No Error due to Harmless Error | Firearms identification |
| United States v. Ausby, 436 F.Supp.3d 134 (D.C. 2019) | 2019 | District of Columbia | Trial | Evidentiary | Excluded | Error to Admit | Firearms identification |
| U.S. v. Tibbs, 2019 WL 4359486 (D.C. Super. 2019) | 2019 | District of Columbia | Trial | Evidentiary | Admitted | Other | Firearms identification |