1. On cross examination, the defense counsel asked, “I believe your \u2026 expert opinion was the bullet recovered from [the defense], was consistent with having been fired from the silver pistol; is that correct?” The expert responded, “It was fired from the pistol, yes sir.” 2. The court noted that after NAS2008, “some jurisdictions began to limit the scope of a ballistics expert’s testimony.”<\/p>\n
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Ballistics Imaging (2008) \u201cThe validity of the fundamental assumptions of uniqueness and reproducibility of firearms-related toolmarks has not yet been fully demonstrated.\u201d<\/p>\n
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We further hold that in this jurisdiction a firearms and toolmark expert may not give an unqualified opinion, or testify with absolute or 100% certainty, that based on ballistics pattern comparison matching a fatal shot was fired from one firearm, to the exclusion of all other firearms.<\/p>\n
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