No. 22-5308

Lashawn Lewis v. New York

Lower Court: New York
Docketed: 2022-08-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure daubert daubert-standard due-process expert-testimony frye-standard scientific-evidence
Key Terms:
DueProcess
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Was Petitioner deprived of Due Process where the court denied her any meaningful opportunity to contest the use of junk science at her trial?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner’s conviction was predicated on the testimony of a so-called blood spatter expert. Defense counsel objected to the admission of this testimony, noting that it was unreliable science that could not be replicated. Despite defense counsel’s request for a Frye hearing to challenge the admissibility of the testimony and despite a federal study decrying blood spatter testimony as “more subjective than scientific,” the court summarily denied the request for a hearing. This case presents two critical issues: 1) Was Petitioner deprived of Due Process where the court denied her any meaningful opportunity to contest the use of junk science at her trial? 2) Is New York’s reliance on the antiquated Frye standard anachronistic to the demands of due process and inconsistent with this Court’s holding in Daubert, especially where thirty-three states afford defendants greater protections?

Docket Entries

2022-10-03
Petition DENIED.
2022-09-01
DISTRIBUTED for Conference of 9/28/2022.
2022-08-18
Waiver of right of respondent New York to respond filed.
2022-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 7, 2022)

Attorneys

Lashawn Lewis
Erin Amisa TresmondLegal Aid Bureau of Buffalo, lnc ., Petitioner
Erin Amisa TresmondLegal Aid Bureau of Buffalo, lnc ., Petitioner
New York
Paul J. Williams IIIErie County District Attorney's Office, Respondent
Paul J. Williams IIIErie County District Attorney's Office, Respondent