No. 18-8216

Zavia L. Johnson v. United States

Lower Court: Third Circuit
Docketed: 2019-03-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review clearly-erroneous clearly-erroneous-standard law-enforcement-officer law-enforcement-testimony scott-v-harris standard-of-review testimony video-evidence videotape videotape-evidence
Key Terms:
CriminalProcedure
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Does a federal courts of appeals misapply the clearly erroneous standard of review when it upholds a district court's crediting of a law enforcement officer's testimony on a crucial issue where that testimony is contradicted by the officer's prior statements that are captured on videotape recorded at the time of the event, contrary to this Court's instruction in Scott v. Harris, 550 U.S. 372 (2007), that a court of appeals must view the facts in a light consistent with the recording of actual events?

Question Presented (OCR Extract)

QUESTION PRESENTED Does a federal courts of appeals misapply the clearly erroneous standard of review when it upholds a district court’s crediting of a law enforcement officer’s testimony on a crucial issue where that testimony is contradicted by the officer’s prior statements that are captured on videotape recorded at the time of the event, contrary to this Court’s instruction in Scott v. Harris, 550 U.S. 372 (2007), that a court of appeals must view the facts in a light consistent with the recording of actual events? il

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-08
Waiver of right of respondent United States of America to respond filed.
2019-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2019)

Attorneys

United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Zavia Johnson
Kimberly Rose BrunsonOffice of the Federal Public Defender, Western Dis, Petitioner
Kimberly Rose BrunsonOffice of the Federal Public Defender, Western Dis, Petitioner