No. 25-6125

Sylvia Olivas, aka Sylvia Lee Gavaldon v. United States

Lower Court: Ninth Circuit
Docketed: 2025-11-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: dual-role-testimony evidence-admissibility expert-witness gatekeeping-role rule-403 rule-702
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-12-12
Question Presented (from Petition)

A witness who testifies as a lay witness offering either factual testimony and/or lay opinion testimony and also testifies as an expert offering expert opinion testimony provides what is know n as "dual role testimony." The question pr esented is:

Must a district court exercising its "gatekeeping role" unde r Rule 702 of the Federal Rules of Evidence in som e instances exclude dual role testimony unde r Rule 702 a s not helpful to the trier of fact and/or unde r Rule 403 a s evidence whose probative value is out weighed by its prejudicial effect in misleading and confusing the jury?

Question Presented (AI Summary)

Must a district court exercising its 'gatekeeping role' under Rule 702 of the Federal Rules of Evidence in some instances exclude dual role testimony under Rule 702 as not helpful to the trier of fact and/or under Rule 403 as evidence whose probative value is outweighed by its prejudicial effect in misleading and confusing the jury?

Docket Entries

2025-12-15
Petition DENIED.
2025-11-26
DISTRIBUTED for Conference of 12/12/2025.
2025-11-19
Waiver of United States of right to respond submitted.
2025-11-19
Waiver of right of respondent United States to respond filed.
2025-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2025)

Attorneys

Sylvia Olivas
Carlton Frederick Gunn — Petitioner
United States
D. John SauerSolicitor General, Respondent