No. 20-528

Nicholas S. Baas v. United States

Lower Court: Armed Forces
Docketed: 2020-10-20
Status: Denied
Type: Paid
Response Waived
Tags: confrontation-clause court-martial daubert-standard due-process scientific-evidence sixth-amendment unanimous-verdict
Key Terms:
DueProcess FifthAmendment Punishment
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether a military servicemember's Sixth Amendment and due process rights are violated by allowing a conviction for non-capital offenses by a general court-martial with a less-than unanimous guilty verdict

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. In light of this Court’s decision in Ramos v. Louisiana,' does it violate a military servicemember’s Sixth Amendment and due process rights to allow for a conviction for non-capital offenses by a general court-martial with a less-than unanimous guilty verdict from a panel of court-martial members? 2. Where the Government’s efforts result in a privately-owned laboratory creating scientific test results and the Government seeks to admit those results against the defendant, does the Confrontation Clause of the Sixth Amendment to the Constitution require testimony before the factfinder by a person involved with scientific testing at the privately-owned laboratory? 3. Whether scientific evidence must meet a minimum reliability standard of being more likely than chance to prove, in a particular case, what it is offered to prove, in order to be admissible under this Court’s decisions in Daubert v. Merrell Dow Pharmaceuticals,2. General Electric v. Joiner,? and Kumho Tire Co. v. Charmichael?4 1140 S. Ct. 1390 (2020). 2509 U.S. 579 (1993). 3 522 U.S. 136 (1997). 4526 USS. 137 (1999).

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-03
Waiver of right of respondent United States to respond filed.
2020-10-15
Petition for a writ of certiorari filed. (Response due November 19, 2020)

Attorneys

Nicholas Baas
Daniel Evan RosinskiAppellate Defense Counsel, Petitioner
Daniel Evan RosinskiAppellate Defense Counsel, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent