No. 21-5492

Marcus Phillips v. United States

Lower Court: Fifth Circuit
Docketed: 2021-08-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure drug-agent-testimony drug-enforcement expert-testimony first-impression legal-admissibility mental-acuity perceptive-ability witness-credibility
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Whether expert testimony about mental acuity is admissible to show a person's ability to observe and to act to exercise dominion and control over a home in which he was a guest

Question Presented (OCR Extract)

QUESTIONS PRESENTED This court has not decided whether expert testimony about mental acuity is admissible to show a person’s ability to observe and to act to exercise dominion and control over a home in which he was a guest. Psychological expert testimony regarding perceptive ability is a matter of first impression in this Court. Contrary to every court of appeals that has admitted expert drug agent testimony, the Fifth Circuit admitted the testimony of an experienced drug enforcement agent who had no knowledge of the facts of this case and who expressed no opinion about any matter in this case. i

Docket Entries

2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-10
Waiver of right of respondent United States to respond filed.
2021-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2021)

Attorneys

Marcus Phillips
Cynthia Eva Hujar OrrGoldstein & Orr, Petitioner
Cynthia Eva Hujar OrrGoldstein & Orr, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent