No. 19-5334

Martel Valencia-Cortez v. United States

Lower Court: Ninth Circuit
Docketed: 2019-07-25
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: criminal-procedure due-process evidence eyewitness-identification jury-instruction jury-instructions reliability-factors standing trial-error trial-procedure witness-identification
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-11-22
Question Presented (AI Summary)

Whether a district court commits error in a federal criminal case by failing to provide a specific eyewitness identification instruction

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a district court commits error in a federal criminal case by failing to provide a specific eyewitness identification instruction, which requires the jurors to scrutinize relevant factors bearing on the reliability of eyewitness identifications, when identity is the contested issue at trial and there are facts undermining the reliability of the eyewitnesses’ identifications. i STATEMENT OF RELATED CASES ¢ United States v. Martel Valencia-Cortez, No. 16CR00730-H, U.S. District Court for the Southern District of California. Judgment entered August 28, 2017. ¢ United States v. Martel Valencia-Cortez, No. 17-50330, U.S. Court of Appeals for the Ninth Circuit. Judgment entered April 24, 2019. ii

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-11-04
Reply of petitioner Martel Valencia-Cortez filed.
2019-10-25
Brief of respondent United States of America in opposition filed.
2019-09-13
Motion to extend the time to file a response is granted and the time is further extended to and including October 25, 2019.
2019-09-12
Motion to extend the time to file a response from September 25, 2019 to October 25, 2019, submitted to The Clerk.
2019-08-21
Motion to extend the time to file a response is granted and the time is extended to and including September 25, 2019.
2019-08-20
Motion to extend the time to file a response from August 26, 2019 to September 25, 2019, submitted to The Clerk.
2019-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2019)

Attorneys

Martel Valencia-Cortez
Benjamin Lee ColemanColeman & Balogh LLP, Petitioner
Benjamin Lee ColemanColeman & Balogh LLP, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent