David Tachay Heard v. United States
DueProcess CriminalProcedure JusticiabilityDoctri
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?
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