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
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| 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 |
| U.S. v. Shipp, 422 F.Supp.3d 762 (E.D.N.Y. 2019) | 2019 | New York | Trial | Evidentiary | Admitted | Other | Firearms identification |
| U.S. v. Romero-Lobato, 379 F.Supp.3d 1111 (D. Nev. 2019) | 2019 | Nevada | Trial | Evidentiary | Admitted | Other | Firearms identification |
| U.S. v. Johnson, 2019 WL 1130258 (S.D.N.Y. 2019) | 2019 | New York | Trial | Evidentiary | Admitted | Other | Firearms identification |
| U.S. v. Davis, 2019 WL 4306971 (W.D. Va. 2019) | 2019 | Virginia | Trial | Evidentiary | Admitted | Other | Firearms identification |
| State v. Terrell, 2019 WL 2093108 (Conn. 2019) | 2019 | Connecticut | Trial | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| State v. Griffin, 834 S.E.2d 435 (N.C.Ct.App. 2019) | 2019 | North Carolina | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| State v. Gibbs, 2019 WL 6709058 (Del. Sup. Ct. 2019) | 2019 | Delaware | Trial | Evidentiary | Admitted | Other | Firearms identification |
| State v. DeJesus, 436 P.3d 834 (Wash. Ct. App. 2019) | 2019 | Washington | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| State v. Boss, 577 S.W.3d 509 (Mo. Ct. App. 2019) | 2019 | Missouri | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| Sanford v. Russell, 387 F.Supp.3d 774 (E.D. Mich. 2019) | 2019 | Michigan | Trial | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| People v. Perez, 2019 WL 2537699 (Cal. Ct. App. 2019) | 2019 | California | Appellate | Evidentiary | Admitted | Correct to Admit; No Error due to Harmless Error | Firearms identification |
| People v. Marchan, 2019 WL 4915457 (App. Ct. Ill. 2019) | 2019 | Illinois | Appellate | Evidentiary; Ineffective assistance of counsel | Admitted | Correct to Admit | Firearms identification |
| People v. Lewis, 127 N.E. 3d 1127 (Ill. App. 2019) | 2019 | Illinois | Appellate | Evidentiary | Admitted | No Error due to Harmless Error | Firearms identification |
| Commonwealth v. Janqdhari, 225 A.3d 1190 | 2019 | Pennsylvania | Appellate | Evidentiary | Admitted | No Error due to Harmless Error | Firearms identification |
| Amaro v. State, 272 So.3d 853 (D. Fla. 2019) | 2019 | Florida | Appellate | Ineffective assistance of counsel | Admitted | Correct to Admit | Firearms identification |
| Willie v. State, 274 So.3d 934 (Miss.Ct.App. 2018) | 2018 | Mississippi | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| United States v. White, 2018 WL 4565140 (S.D.N.Y. 2018) | 2018 | New York | Trial | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| United States v. Simmons, 2018 WL 1882827 (E.D. VA 2018) | 2018 | Virginia | Trial | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| State v. Williams, 2018 WL 3029012 (Ct. App. N.C. 2018) | 2018 | North Carolina | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |
| State v. Smoot, 2018 WL 4699046 (Tenn. Crim. App.) | 2018 | Tennessee | Appellate | Evidentiary | Admitted | Correct to Admit | Firearms identification |