No. 20-5742

David Tachay Heard v. United States

Lower Court: Eighth Circuit
Docketed: 2020-09-17
Status: Denied
Type: IFP
Relisted (3)IFP
Tags: appellate-review criminal-procedure cross-racial-identification due-process eyewitness-identification federal-standard jury-instruction jury-instructions plain-error standard-of-review
Key Terms:
DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2021-06-17 (distributed 3 times)
Question Presented (AI Summary)

Should federal district courts be required to give a cautionary jury instruction, upon a defendant's request, to guide the jury's evaluation of eyewitness identification testimony when identification is an issue in the case?

Question Presented (OCR Extract)

Questions Presented 1. Should federal district courts be required to give a cautionary jury instruction, upon a defendant’s request, to guide the jury's evaluation of eyewitness identification testimony when identification is an issue in the case? 2. Should appellate review of a decision on a suppression motion be confined to the evidence that was m the record when the trial court decided the motion? _ 3. When an indictment fails to allege that a defendant charged with being a felon in possession of a firearm knew of his status as a felon, does a district court commit plain error by failing to instruct the jury that the government must prove the defendant’s knowledge that he was a felon when he possessed the firearm? i

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-21
Rescheduled.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-11-20
Memorandum of respondent United States filed.
2020-11-13
Motion to extend the time to file a response is granted and the time is further extended to and including November 20, 2020.
2020-11-12
Motion to extend the time to file a response from November 18, 2020 to November 20, 2020, submitted to The Clerk.
2020-10-14
Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2020.
2020-10-13
Motion to extend the time to file a response from October 19, 2020 to November 18, 2020, submitted to The Clerk.
2020-09-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2020)

Attorneys

David Heard
Raphael M ScheetzLaw Office of Raphael M. Scheetz, Petitioner
Raphael M ScheetzLaw Office of Raphael M. Scheetz, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent