No. 24-991

Joshua Herrera v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-03-18
Status: Denied
Type: Paid
Tags: appellate-review child-sexual-offense criminal-procedure expert-testimony federal-rules-of-evidence psychological-evidence
Latest Conference: 2025-06-18
Question Presented (AI Summary)

Whether the Eleventh Circuit improperly restricted expert testimony on sexual interest in children contrary to the Supreme Court's recent decision in Diaz v. United States

Question Presented (OCR Extract)

Did the U.S. Court of Appeals for the Eleventh Circuit fail to follow this Court’s recent decision in Diaz v. United States , 602 U.S. 526 (2024) in favor of their own precedent on the scope of expert testimony under Federal Rules of E vi d e n ce 7 04(b ) in h o l din g tha t a ps y c h o l o gi cal expe rt could not give an opinion in a prosecution under 18 U.S.C. § 2422(b) that the defendant did not generally have sexual interest in children?

Docket Entries

2025-06-23
Petition DENIED.
2025-06-03
DISTRIBUTED for Conference of 6/18/2025.
2025-05-19
Brief of United States in opposition submitted.
2025-05-19
Brief of respondent United States in opposition filed.
2025-04-11
Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2025.
2025-04-10
Motion of United States for an extension of time submitted.
2025-04-10
Motion to extend the time to file a response from April 17, 2025 to May 19, 2025, submitted to The Clerk.
2025-03-14
Petition for a writ of certiorari filed. (Response due April 17, 2025)

Attorneys

Joshua Herrera
Adam Marshall HamesThe Hames Law Firm LLC, Petitioner
Adam Marshall HamesThe Hames Law Firm LLC, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent