No. 21-504

Joshua Eric Hawk Clark, aka Joshua Clark v. Mississippi

Lower Court: Mississippi
Docketed: 2021-10-05
Status: Denied
Type: Paid
Response Waived
Tags: due-process expert-testimony fourteenth-amendment judicial-reliability murder-conviction scientific-evidence scientific-reliability second-degree-murder shaken-baby-syndrome
Key Terms:
DueProcess
Latest Conference: 2021-11-05
Question Presented (AI Summary)

Does the Due Process Clause prohibit a conviction based on unreliable expert testimony?

Question Presented (OCR Extract)

QUESTION PRESENTED The State of Mississippi, relying almost exclusively on the highly controversial theory of Shaken Baby Syndrome, convicted Petitioner of second-degree murder of his infant daughter. The State did so based on the testimony of a pediatrician, who was allowed to offer her expert opinions as to the cause of death, without the trial judge’s making findings that her opinions are scientifically reliable and could be reliably applied to the facts of this case. The question presented is: Does the Due Process Clause of the Fourteenth Amendment prohibit a State from convicting a person of murder based almost exclusively on an expert opinion when (a) the State has introduced no scientific evidence that the opinion is reliable; and when (b) there is no finding by the trial judge that the opinion is reliable?

Docket Entries

2021-11-08
Petition DENIED.
2021-10-20
DISTRIBUTED for Conference of 11/5/2021.
2021-10-18
Waiver of right of respondent Mississippi to respond filed.
2021-10-01
Petition for a writ of certiorari filed. (Response due November 4, 2021)

Attorneys

Joshua Eric Hawk Clark
Jim WaideWaide & Associates, P.A., Petitioner
Mississippi
Ashley Lauren SulserOffice of the Mississippi Attorney General, Respondent