No. 19-7149

Guillermo Herrera v. United States

Lower Court: Ninth Circuit
Docketed: 2020-01-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: admissibility circuit-split daubert-standard daubert-v-merrell-dow expert-testimony eyewitness-identification federal-rules-of-evidence jury-instructions scientific-evidence
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-02-21
Related Cases: 19-7089 (Vide) 19-7133 (Vide) 19-7151 (Vide)
Question Presented (AI Summary)

Whether expert testimony on eyewitness identification should be treated differently than other expert testimony

Question Presented (OCR Extract)

QUESTION PRESENTED In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), this Court held that Fed. R. Evid. 702 superseded the common law rule governing the admission of expert testimony based on scientific or other specialized knowledge. Rule 702 required instead that “scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue.” After Daubert, is there a valid basis to treat expert testimony regarding eyewitness identification differently from other scientifically based evidence? ii LIST OF ALL PARTIES The caption of the case in this Court contains the names of all parties (petitioner and the United States). iii

Docket Entries

2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2020-01-13
Waiver of right of respondent United States of America to respond filed.
2019-12-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 5, 2020)

Attorneys

Guillermo Herrera
Karen L. LandauLaw Office of Karen L. Landau, P.C., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent