No. 19-6819

Frankie Ovies v. United States

Lower Court: Ninth Circuit
Docketed: 2019-12-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cell-phone-evidence cell-phones circuit-split criminal-procedure digital-evidence digital-forensics expert-testimony federal-rules-of-evidence forensic-technology lay-testimony
Key Terms:
AdministrativeLaw Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-01-10
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

QUESTION 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? pretix

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-12-09
Waiver of right of respondent United States to respond filed.
2019-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)

Attorneys

Frankie Ovies
Kristi A. HughesLaw Office of Kristi A. Hughes, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent