No. 18-5286

Odere Suleitopa v. United States

Lower Court: Fourth Circuit
Docketed: 2018-07-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court-conflict circuit-split civil-procedure evidence evidence-admissibility federal-rule-of-evidence-701 federal-rules-of-evidence law-enforcement law-enforcement-officer-testimony law-enforcement-testimony lay-witness-testimony opinion-testimony personal-knowledge personal-knowledge-requirement witness-testimony
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether Rule 701's personal knowledge' requirement permits law enforcement officers to offer lay opinion testimony regarding an investigation when they have only after-the-fact knowledge that is not based on first-hand perception

Question Presented (OCR Extract)

Question Presented Federal Rule of Evidence 701 states that a lay witness’s opinion testimony must be rationally based on the witness’s perception. The Circuits have long been divided over whether Federal Rule of Evidence 701 permits law enforcement officers to offer lay opinion testimony regarding an investigation when they have only afterthe-fact knowledge that is not based on first-hand perception. Should the Court grant certiorari to resolve this conflict in how courts assess the important question of the definition of Rule 701’s “personal knowledge” requirement? i

Docket Entries

2018-10-01
Petition DENIED.
2018-08-02
DISTRIBUTED for Conference of 9/24/2018.
2018-07-30
Waiver of right of respondent United States to respond filed.
2018-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2018)
2018-05-18
Application (17A1273) granted by The Chief Justice extending the time to file until July 20, 2018.
2018-05-14
Application (17A1273) to extend the time to file a petition for a writ of certiorari from June 5, 2018 to July 20, 2018, submitted to The Chief Justice.

Attorneys

Odere Suleitopa
Paresh S. PatelOffice of the Federal Public Defender, District of, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent