No. 18-8600

Tony McLeod v. United States

Lower Court: Ninth Circuit
Docketed: 2019-03-29
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: cell-phones circuit-split criminal-evidence digital-forensics expert-testimony federal-rules-of-evidence fourth-amendment internet-anonymity lay-testimony mens-rea rule-702 sixth-amendment statutory-interpretation
Key Terms:
DueProcess FirstAmendment HabeasCorpus
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Whether Cellebrite forensic data requires expert testimony

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether using Cellebrite technology to download forensic digital evidence from a cell phone requires specialized or technical knowledge so that the evidence must be presented in a federal trial by a qualified expert, as the Fourth and Sixth Circuits have held, or whether it may be presented as lay testimony and not subject to strict reliability standards, as the Second and Ninth Circuits have held? 2. Whether 18 U.S.C. § 2251, which prohibits persuading a minor to engage in sexual conduct in order to produce a visual depiction of that conduct, requires the government to prove that the defendant was aware that he was dealing with a minor, in light of the fact that the Internet permits people to interact anonymously and without ever meeting face-to-face, so the risk of mistaken identity is high? pretix

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-04
Waiver of right of respondent United States to respond filed.
2019-03-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2019)

Attorneys

Tony McLeod
Vincent J. BrunkowFederal Defenders of San Diego, Petitioner
Vincent J. BrunkowFederal Defenders of San Diego, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent