No. 21-7870

Greg Cantoni v. United States

Lower Court: Second Circuit
Docketed: 2022-05-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court-split circuit-court-standards daubert discovery-violation expert-testimony federal-rules-of-evidence harmless-error jencks-act prosecutorial-discretion
Latest Conference: 2022-06-09
Question Presented (from Petition)

1. Which standard, among those currently in use at the circuit court
level, must be applied to determine whether a government attorney's violation of
the Jencks Act, 18 U.S.C. 3500, amounts to a prejudicial or harmless error?

2. Does the discretion afforded to district courts under the Federal Rules
of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993),
permit the exclusion of otherwise admissible expert testimony relating to a critical
issue where opposing expert testimony about the same issue has been admitted?

Question Presented (AI Summary)

Which standard must be applied to determine whether a Jencks Act violation is prejudicial or harmless?

Docket Entries

2022-06-13
Petition DENIED.
2022-05-25
DISTRIBUTED for Conference of 6/9/2022.
2022-05-18
Waiver of right of respondent United States of America to respond filed.
2022-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2022)

Attorneys

Greg Cantoni
Lucas Arment AndersonRothman. Schneider, Soloway & Stern, LLP, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent