2009AP2835-CR State v. Jones

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Evidence
Ballistic evidence

Evidence tying a bullet or a cartridge to a specific gun is admissible.

“Further, even in the federal system governed by Daubert, admission of firearm ballistics evidence is decided on a case-by-case basis. See, e.g., United States v. Mikos, 539 F.3d 706, 710–712 (7th Cir. 2008) (no error to receive evidence); United States v. Williams, 506 F.3d 151, 161–162 (2d Cir. 2007) (no error to receive evidence). We thus decline the requests to impose blanket rules barring or limiting the admission of the type of evidence that linked the cartridge case and bullet to the gun in this case. We leave the admission and scope of such evidence to the reasonable discretion of the trial courts to exercise under Wis. Stat. Rules 904.03 and 906.11, and to cross-examination by adversary counsel. See Walstad, 119 Wis. 2d at 519, 351 N.W.2d at 487 (‘[T]he underlying theory or principle on which admissibility is based can be attacked by cross-examination or by other types of impeachment.’).”

Affirmed.

Publication in the official reports is recommended.

2009AP2835-CR State v. Jones

Dist. I, Milwaukee County, Konkel, J., Fine, J.

Attorneys: For Plaintiff: Thomas J. Balestreri, Madison; For Defendant: Amelia L. Bizzaro, Milwaukee

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