Daubert Motion to Exclude Firearm and Toolmark Evidence

This motion seeks exclusion of firearm and toolmark identification evidence under Daubert and Michigan Rule of Evidence 702, arguing that the AFTE method lacks foundational scientific validity and relies on subjective, unarticulated examiner judgment. Drawing on the National Academy of Sciences and President’s Council of Advisors on Science and Technology reports, the motion explains that the field lacks standardized protocols, reproducible methods, and reliable error rates, with some studies documenting false positive rates as high as 11.2 percent. The motion further argues that such evidence misleads jurors by cloaking opinion testimony as scientific and should also be excluded under Rule 403. Defenders can use this motion to demand Daubert hearings, limit examiner testimony, or seek outright exclusion of firearm and toolmark evidence.