No. 18-6618

Jessie Jesus Marquez v. United States

Lower Court: Tenth Circuit
Docketed: 2018-11-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof circuit-split constitutional-burden constitutional-law criminal-procedure drug-case evidence-sufficiency expert-testimony federal-rules-of-evidence government-proof recorded-phone-call
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Are statements made during a recorded phone call, standing alone, sufficient to sustain the Government's constitutional burden of proof in a drug case?

Question Presented (OCR Extract)

question presented for review is: Are statements made during a recorded phone call, standing alone, sufficient to sustain the Government’s constitutional burden of proof in a drug case? Question No. 2 Two federal agents offered extensive overview testimony about drug organizations and interpretations of drug lingo and recorded conversations pursuant to Rules of Evidence 701 & 702. The First Circuit, the D.C. Circuit, and the Fourth Circuit have authority circumscribing the ability of the Government to utilize such testimony; however, the Tenth Circuit appears to disagree with this authority. The question presented for review is: To what extent do Rules 701 and 702 limit the scope of opinion, overview, and interpretive testimony of federal agents in drug cases? i

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-14
Waiver of right of respondent United States of America to respond filed.
2018-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2018)

Attorneys

Jessie Marquez
James L. HankinsHANKINS LAW OFFICE, Petitioner
James L. HankinsHANKINS LAW OFFICE, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent