Maryland
Maryland’s highest court limits use of ballistics evidence at trials
ANNAPOLIS, Md. — A firearms expert who testified at a Maryland murder trial shouldn’t have been allowed to offer an unqualified opinion that bullets recovered from a crime scene came from the suspect’s gun, the state’s highest court concluded in a ruling that will limit the use such testimony in the state’s courts.
The Supreme Court of Maryland ruled in a 4-3 decision this week in an appeal by Kobina Ebo Abruquah, who was convicted of murder in 2013 after the court allowed a firearms examiner to testify without qualification that bullets at a crime scene were fired from a gun that Abruquah had acknowledged was his.
Chief Judge Matthew Fader, who wrote the ruling, noted that the majority doesn’t question that firearms identification is generally reliable. He wrote that it can be helpful to a jury in identifying whether patterns and markings on “unknown” bullets or cartridges “are consistent or inconsistent with those on bullets or cartridges known to have been fired from a particular firearm.”
Fader also noted that it’s possible that experts who are asked the right questions or have the benefit of additional studies and data may be able to offer opinions “that drill down further on the level of consistency exhibited by samples or the likelihood that two bullets or cartridges fired from different firearms might exhibit such consistency.”
“However, based on the record here, and particularly the lack of evidence that study results are reflective of actual casework, firearms identification has not been shown to reach reliable results linking a particular unknown bullet to a particular known firearm,” Fader wrote.
Maneka Sinha, a law professor at the University of Maryland Carey School of Law, said it was groundbreaking for a state’s highest court to take a critical look at the scientific foundations of such evidence and find that the type of testimony that courts have been relying on for years is unreliable.
Sinha was on a team of public defenders in the District of Columbia that litigated a trial-level case in which a judge restricted firearms testimony in a similar way.
“While challenges to this type of evidence have been made increasingly, very few high courts have taken up the issue,” Sinha said.
Sinha noted that the District of Columbia Court of Appeals has restricted how firearms examiners are allowed to present testimony.
The ruling remands Abruquah’s case back to Prince George’s County Circuit Court for a new trial.
In his appeal, Abruquah contended that the court abused its discretion in allowing the firearms examiner’s testimony. The state argued that the examiner’s opinion was properly admitted.
The ruling pointed out that firearms identification has existed as a field for more than a century, and for most of that time it has been accepted by law enforcement and courts without significant challenge. But recent reports have questioned the foundations underlying firearms identification, leading to greater skepticism.
For example, the court noted that reports issued since 2008 by two groups of experts outside of the firearms and toolmark identification fields that have been critical of the Association of Firearm and Tool Mark Examiners Theory, which is the leading methodology used by firearms examiners.
While the lower court concluded that the state satisfied its burden to show that the firearms and toolmark identification methodology has been peer reviewed and published, the majority of justices on the state’s Supreme Court found the evidence to be “more mixed.”
“The widespread acceptance of the methodology among those who have vast experience with it, study it, and devote their careers to it is of great significance,” the ruling said. “However, we would be remiss were we to rely exclusively on a community that, by definition, is dependent for its livelihood on the continued viability of a methodology to sustain it, while ignoring the relevant and persuasive input of a different, well-qualified, and disinterested segment of professionals.”
The ruling included frequent mentions of the court’s 2020 decision Rochkind v. Stevenson, which updated admissibility standards for expert testimony.
Justice Michele Hotten, one of three dissenting justices, found that the circuit court followed Rochkind “within the letter of the law as prescribed.” She wrote that it was “within the realm of the jury as the triers of fact, to resolve the firearm toolmark analysis and opinion, along with the other evidence presented, in rendering its verdict.”
“The majority appears to conflate the role of the trial judge as gatekeepers, with the evaluation of the science or the expert opinion that is presented for consideration of its admissibility by the judge,” Hotten wrote in her opinion, which was joined by Justice Angela Eaves. “That is not what Rochkind required.”
Michigan State got the job done in its season opener, but it wasn’t pretty as it hung on at home against Florida Atlantic. Now, it has to head on the road to open Big Ten play in what promises to be a tougher test.
· Watch the Michigan State Spartans on FuboTV (free trial)
· Watch the Michigan State Spartans on Sling
· Watch the Michigan State Spartans on DirecTV Stream
· Visit MLive’s Betting Home for latest odds & sportsbook promos
Michigan State is 1-0, but the road gets tougher now. The Spartans go on the road and start Big Ten play early in Week 2 with a trip to Maryland. The Terrapins have a new look this year without quarterback Taulia Tagovailoa but looked strong in their season-opener against Howard last week.
· Who: Michigan State at Maryland
· When: 3:30 p.m.
· Where: SECU Stadium, College Park, Maryland
· Twitter: Follow Matt Wenzel
· Live updates: Beginning at 2:30 p.m. at mlive.com/spartans
· Latest line: Maryland -9.5
TV Network: Big Ten Network
Streaming options:
· FuboTV is offering $30 off the first month for all U.S. plans. Sign up to get your favorite TV shows, live sports events, and much more
· Sling currently has an offer of $20 for the first month of subscription and has streaming coverage of live sports, news and entertainment.
· DirecTV Stream offers live sports, news and on demand TV.
Five must-reads before kickoff:
* Michigan State lost two members of its secondary, Dillon Tatum and Khalil Majeed, to long-term injuries in its season opener. The team is turning to some new faces to fill in the holes from those injuries.
* Alex VanSumeren was once Michigan State’s top-rated recruit, but he’s been seldom seen on the field due to injuries. Now, though, he’s healthy and making his mark on the Spartans’ defensive line.
* Aidan Chiles’ 10-completion, two-interception performance in Michigan State’s season-opener was his “floor,” according to offensive coordinator Brian Lindgren, who has a plan to improve the quarterback’s performance going forward.
* Jonathan Smith had a name for Week 1 in college football: overreaction Saturday. He’s cautioning fans not to put too much stock into an opening performance that likely underwhelmed many.
* The run game and discipline are two of Matt Wenzel’s five things to watch in this week’s matchup.
Michigan State
* Passing: Aidan Chiles 10-14, 114 yards, 0 TD, 2 INT
* Rushing: Kay’ron Lynch-Adams 9 rush, 101 yards, 1 TD
* Receiving: Michael Masunas 2 rec., 29 yards, 0 TD
* Tackles: Angelo Grose 12
* Sacks: Khris Bogle 1.5
* Interceptions: Grose, Nikai Martinez 1
Maryland
* Passing: Billy Edwards Jr. 20-27, 311 yards, 2 TD, 0 INT
* Rushing: Roman Hemby 14 rush, 66 yards, 1 TD
* Receiving: Tai Felton 7 rec., 178 yards, 2 TD
* Tackles: Glendon Miller 6
* Sacks: None
* Interceptions: Ruben Hyppolite II, Miller 1
Friday, Sept. 6
Western Illinois at Indiana
Duke at Northwestern
Saturday, Sept. 7
Texas at Michigan, noon (FOX)
Rhode Island at Minnesota, noon (Peacock)
Bowling Green at Penn State, noon (BTN)
Akron at Rutgers, noon (BTN)
Iowa State at Iowa, 3:30 p.m. (CBS)
Michigan State at Maryland, 3:30 p.m. (BTN)
Eastern Michigan at Washington, 3:30 p.m. (BTN)
South Dakota at Wisconsin, 3:30 p.m. (FS1)
Kansas at Illinois, 7 p.m. (FS1)
Colorado at Nebraska, 7:30 p.m. (NBC)
Western Michigan at Ohio State, 7:30 p.m. (BTN)
Boise State at Oregon, 10 p.m. (Peacock)
COLLEGE PARK, Md. – Michigan State has an excellent chance to make a strong statement this weekend that the rebuilding job under new head coach Jonathan Smith is ahead of schedule, if the Spartans can take down 8-point favorite Maryland on Saturday.
A Michigan State victory would be a strong statement within the football industry, but maybe not as strong from a fan perspective. I’m not sure Maryland’s football brand is as respected in the state of Michigan and regionally as it should be, for a program that has gone 8-5 in the past two seasons and defeated Auburn and North Carolina State in bowl games the past two years.
Maryland is good. The Terrapins are coming off a 50-7 victory over a weak UConn team last week. Maryland’s offense looked very good against a weak, soft, conservative UConn defense.
Michigan State’s defense was ahead of schedule last week against a mediocre Florida Atlantic offense. Michigan State’s offense was behind schedule, experiencing inconsistent accuracy and decision-making at the quarterback position, which was somewhat understandable considering it was sophomore Aidan Chiles’ first start as a college player. MSU’s running game also lacked consistency, especially in short yardage and in the red zone.
The big news from Maryland last week in my opinion was the excellent play of new starting quarterback Billy Edwards. The 6-foot-3, 222-pound redshirt-junior had waited behind the outgoing, record-breaking Taulia Tagovailoa for three years. Tagovailoa left Maryland as the Big Ten’s all-time passing leader. He went undrafted and is now playing in the CFL.
Edwards looked good last week. He’s strong in the pocket, is a physical ball carrier on designed runs or scrambles. He was accurate over the middle on intermediate routes, and seemed to do a good job processing coverages, although UConn’s coverages were simple, slow and soft.
I saw this Michigan State vs Maryland game as a swing game on the schedule prior to the season. But considering how well Edwards and his receivers looked last week, and Michigan State’s sputtering start on offense, this game goes from being a swing game to uphill slog for the Spartans.
One teen shot another during a dispute in a Maryland high school bathroom Friday in what authorities called an isolated incident.
The victim, a 15-year-old student at Joppatowne High School, was in serious condition after being airlifted to a hospital, the Harford County Public Schools said in a news release, citing information it received from the county sheriff’s department.
A 16-year-old student whom police identified as the shooter fled shortly afterward but was caught minutes later nearby, according to the news release. Officials said no information would be released immediately about the weapon, which had not been recovered.
The state’s attorney has said the suspect will be charged, the release said, citing Harford County Sheriff Jeff Gahler.
Shortly after the shooting, the sheriff’s office asked people to avoid the area, but emphasized that the confrontation was an “isolated incident, not an active shooter.” A parent-student reunification center was established at a nearby church. More than 100 personnel responded to the high school about 20 miles (32 kilometers) northeast of Baltimore, Gahler said.
The fight happened two days after a shooter whom authorities identified as a 14-year-old student killed four people at a high school outside Atlanta. Wednesday’s attack renewed debate about safe storage laws for guns and had parents wondering how to talk to their children about school shootings and trauma.
Dick Cheney's Reason for Endorsing Harris Over Trump
Newsom vetoes controversial bill that would have given housing loans to illegal immigrants
Tim Walz's brother is '100% opposed' to Democrat VP nominee's politics: 'Don’t agree'
Border senator and former Harris VP short-lister claims 'no evidence' illegal immigrants vote
Georgia high school shooting: Authorities identify 2 teachers, 2 students as victims killed
Colorado Rockies game no. 116 thread: Zac Gallen vs José Ureña
See it: Tesla crashes into Columbus convention center at 70 mph
Fox News Politics: Georgia the whole day through
Death of missing Oregon girl found in stream ruled homicide
At least 2 dead as tornadoes hit Alabama, damage homes across Southeast
Dick Cheney's Reason for Endorsing Harris Over Trump
Conservative economists pour cold water on Harris' new small-business tax proposal
Voting under way in Algeria’s presidential election
Man charged with plotting shooting at a Jewish center on anniversary of Hamas attack
Alan Dershowitz leaves Democratic Party, cites DNC: 'I was disgusted'
-
World1 week agoSwiss court convicts two executives of embezzling $1.8bn from 1MDB
-
World1 week agoEconomic portfolios are key in talks to chose new EU commissioners
-
Movie Reviews1 week agoSaripodhaa Sanivaaram Movie Review Rating
-
News1 week agoHarris kicks off Georgia tour as Trump posts grievances on social media
-
Politics1 week agoTim Walz attempts to court firefighters during speech at Boston convention: 'We'll have your back'
-
Politics7 days agoTrump impersonates Elon Musk talking about rockets: ‘I’m doing a new stainless steel hub’
-
World1 week agoBrussels, my love? Is France becoming the sick man of Europe?
-
Politics1 week agoEx-California resident slams state bill that gives illegal immigrants housing loans: 'Asinine'