No. 25-6203

Misael Fabian Medina v. United States

Lower Court: First Circuit
Docketed: 2025-11-24
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review evidence-rule excited-utterance hearsay-exception procedural-fairness reliability-standard
Latest Conference: 2026-01-09
Question Presented (from Petition)

Have the federal appellate courts departed too far from the purpose and intent of the excited utterance exception to the hearsay rule, such that the rule now largely prevents the admission of reliable evidence when offered by the accused but admits unreliable evidence when offered by the government?

Question Presented (AI Summary)

Have the federal appellate courts departed too far from the purpose and intent of the excited utterance exception to the hearsay rule, such that the rule now largely prevents the admission of reliable evidence when offered by the accused but admits unreliable evidence when offered by the government?

Docket Entries

2026-01-12
Petition DENIED.
2025-12-24
DISTRIBUTED for Conference of 1/9/2026.
2025-12-18
Waiver of right of respondent United States of America to respond filed.
2025-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 24, 2025)

Attorneys

Misael Fabian Medina
Jamesa J. DrakeDrake Law LLC, Petitioner
United States of America
D. John SauerSolicitor General, Respondent