No. 21-1131

Trudy Mighty, as Personal Representative of the Estate of David M. Alexis, Deceased v. Miguel Carballosa, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-02-16
Status: Denied
Type: Paid
Response Waived
Tags: circuit-conflict circuit-split civil-procedure civil-rights curative-admissibility due-process evidence evidentiary-ruling expert-testimony
Key Terms:
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Latest Conference: 2022-03-25
Question Presented (AI Summary)

Whether the Eleventh Circuit erroneously applied the doctrine of 'curative admissibility' to affirm the district court's admission of inadmissible speculative opinions by the Defendant's expert

Question Presented (OCR Extract)

QUESTION PRESENTED The question before this Court is whether, in a civil case involving the killing of a young Black man, whose lawful gun was found twenty feet from his body amidst the officer’s spent bullet casings, the Eleventh Circuit erroneously applied the doctrine of “curative admissibility” to affirm the district court’s admission of admittedly inadmissible speculative opinions by the Defendant’s expert under the “curative admissibility” doctrine, without finding 1) Plaintiff opened the door with unfairly prejudicial inadmissible testimony or 2) Plaintiff opened the door with testimony that raised an unfairly prejudicial false or misleading impression that otherwise inadmissible but indisputable evidence would rebut, in conflict with decisions from every other circuit court of appeals?

Docket Entries

2022-03-28
Petition DENIED.
2022-03-09
DISTRIBUTED for Conference of 3/25/2022.
2022-03-02
Waiver of right of respondent Miguel Carballosa, et al. to respond filed.
2022-01-27
Petition for a writ of certiorari filed. (Response due March 18, 2022)

Attorneys

Miguel Carballosa, et al.
Ana Angelica VicianaMiami-Dade County Attorney's Office, Respondent
Trudy Mighty, as Personal Representative of the Estate of David N. Alexis, deceased
Roy D. Wasson — Petitioner