Abruquah v. State

The Supreme Court of Maryland held in Abruquah v. State that the prosecutor may not call a witness to identify or match a specific bullet or cartridge case to one gun because that evidence not reliable. The Court said that the firearm identification testimony did not satisfy the Daubert/Rochkind standard. The State may call an expert to testify that the fired bullets / cartridge cases are consistent or inconsistent with the recovered gun. However, the witness may not say the bullets or cartridges were fired from the recovered gun.

This is important because it holds that the prosecution can not have experts testify that a recovered bullet or cartridge came from a particular gun.  It also holds proposed experts to a higher standard and says that the courts must seriously scrutinize the reliability of the opinions offered. Daubert and Rochkind demand more than adherence to an orthodoxy simply because it has long been accepted or because of the number of impressive-sounding statistics generated by studies that do not establish the reliability of the specific testimony offered.

In other words, just because something has been used in the past or been accepted elsewhere does not mean it should be automatically accepted in the Maryland courts.

If you or someone you know is accused of a crime involving a gun, it is important that you consult a criminal defense attorney as soon as possible and ask them to review the facts of your case. You may have a basis to exclude evidence seized during an investigation.

The attorneys at Gritz, Hanifin, and Shih LLC are experienced and zealous representatives when it comes to protecting your rights and fighting for the fair trial you deserve.  Call us today at 301-217-9200 for a free consultation.