No. 22-7090

Frank Gallardo v. United States

Lower Court: Eighth Circuit
Docketed: 2023-03-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights constitutional-rights criminal-procedure due-process evidence evidence-exclusion expert-testimony fair-trial federal-rules-of-evidence speedy-trial
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (AI Summary)

Whether the district court abused its discretion in admitting Tonkel's testimony under FRE 807(b)

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | evidlence to Submit the case to Jury. | 2, Brand! TonKel’s Testimony Should wot have Beer allowed itS an abuse of discretion, FRE rule 80 7(b) Judge Viken Said toakel was av expert under Deubsert because Ton Kel | testifies tu he's court mol wa toake!l Llestitied She Sad She wever testified ju felealeurt before | 3, Ga llacdo's Signatule LIAS Forged On & Conseat to COn-Tinuaaace ard was oleprived of a Speedy trial. ! 4) Am iSteial Shoulel have beer gvan ted Whea Nnumcroes . IAcliVidluals weariag Vests Saying “Bikers against chile abuse” Attended the trial, Atterced to cert ain witnesses, and miLled around the Coustloom amet its enviroas5, Gallardy was deprived of his tight to testify. ib The Indictmest was defective in that it failed to | State that Gallardo i$ India cad HiS Correct name. | % Oa llarde's INSETUCtION On Specific inteat as Pro poset . | S, Judge Vikea olenied Jurors request to Leave trol Said! you wel wot Leave till these TS a UNANUS cleciSon :

Docket Entries

2023-10-02
Rehearing DENIED.
2023-09-06
DISTRIBUTED for Conference of 9/26/2023.
2023-06-15
2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-03-29
Waiver of right of respondent United States to respond filed.
2023-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)

Attorneys

Frank Gallardo
Frank Gallardo — Petitioner
Frank Gallardo — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent