No. 23-6177

Sylvia Olivas, aka Sylvia Lee Gavaldon v. United States

Lower Court: Ninth Circuit
Docketed: 2023-12-06
Status: GVR
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: circuit-split criminal-activity criminal-procedure expert-testimony expert-witness federal-rules-of-evidence mens-rea mental-state trier-of-fact
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-07-01 (distributed 2 times)
Question Presented (AI Summary)

Does Rule 704(b) permit a government expert witness to testify about certain roles in criminal activity, that people in those roles are knowing participants in the criminal activity, and then that a particular defendant played one of those roles in the case at bar?

Question Presented (from Petition)

ESTION PRESENTED Rule 704(b) of the Federal Rules of Evidence provides: In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone. The question is: Does Rule 704(b) permit a government expert witness to testify about certain roles in criminal activity, that people in those roles are knowing participants in the criminal activity, and then that a particular defendant played one of those roles in the case at bar? i

Docket Entries

2024-08-05
Judgment Issued.
2024-07-02
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Diaz</i> v. <i>United States</i>, 602 U. S. ___ (2024).
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-06-24
Supplemental Brief of Olivas Sylvia submitted.
2024-06-24
Supplemental brief of petitioner Sylvia Olivas filed.
2024-02-22
DISTRIBUTED for Conference of 3/15/2024.
2024-02-05
Memorandum of respondent United States filed.
2024-01-05
Motion to extend the time to file a response is granted and the time is extended to and including February 5, 2024.
2024-01-03
Motion to extend the time to file a response from January 5, 2024 to February 5, 2024, submitted to The Clerk.
2023-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2024)

Attorneys

Olivas Sylvia
Carlton Frederick Gunn — Petitioner
Carlton Frederick Gunn — Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent