| 25-6807 |
Edward Legaspi Ramirez v. California |
California |
2026-02-13 |
Pending |
IFP |
accommodation-syndrome child-sexual-abuse constitutional-rights expert-testimony jury-prejudice witness-credibility |
1. Whether the admission of expert testimony on Child Sexual Abuse Accommodation Syndrome (CSAAS), which by the expert's own admission cannot determin… |
| 25-953 |
Finesse Wireless LLC v. AT&T Mobility LLC, et al. |
Federal Circuit |
2026-02-11 |
Pending |
|
credibility-determination expert-testimony federal-circuit judgment-as-matter-of-law jury-verdict patent-law |
Whether a purported inconsistency in the testimony of an expert witness is an issue of credibility for the jury to resolve, as every regional circuit … |
| 25-939 |
James Garfield Broadnax v. Texas |
Texas |
2026-02-06 |
Pending |
|
confrontation-clause due-process eighth-amendment equal-protection expert-testimony fourteenth-amendment |
1. Whether the State's use in a capital sentencing proceeding of rap lyrics composed by a Black defendant to argue to a nearly all-White jury that the… |
| 25A850 |
Jeffrey Dale Busby v. Mississippi |
Mississippi |
2026-01-28 |
Application |
|
confrontation-clause constitutional-error expert-testimony forensic-evidence smith-v-arizona technical-reviewer |
Question not identified. |
| 25-874 |
Johnson & Johnson Consumer Inc. v. Narguess Noohi, Individually and on Behalf of All Others Similarly Situated |
Ninth Circuit |
2026-01-22 |
Pending |
|
civil-procedure class-certification daubert-standard evidentiary-standards expert-testimony federal-rules-of-evidence |
Whether expert testimony must be admissible under Federal Rule of Evidence 702 and the framework enunciated in Daubert v. Merrell Dow Pharmaceuticals,… |
| 25-6414 |
Matthew R. Davis v. Maine |
First Circuit |
2025-12-22 |
Pending |
IFP |
constitutional-rights expert-testimony eye-witness-identification ineffective-assistance post-conviction sixth-amendment |
Did trial counsel provide ineffective assistance of counsel, under the Sixth Amendment, by failing to timely disclose an expert report on eye-witness … |
| 25-732 |
Amos Wells v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2025-12-19 |
Pending |
Amici (4) |
capital-sentencing constitutional-rights expert-testimony future-dangerousness habeas-corpus ineffective-assistance |
Whether trial counsel provides constitutionally ineffective assistance of counsel at the sentencing phase of a capital trial by presenting evidence th… |
| 25A565 |
Johnson & Johnson Consumer Inc. v. Narguess Noohi, Individually and on Behalf of All Others Similarly Situated |
Ninth Circuit |
2025-11-14 |
Application |
|
circuit-split civil-procedure class-certification expert-testimony federal-rules-of-evidence rule-702 |
Whether federal district courts must apply the full rigor of Federal Rule of Evidence 702 at the class certification stage, or may conduct a more limi… |
| 25A460 |
George Sharrod Johns v. Georgia |
Georgia |
2025-10-22 |
Application |
|
confrontation-clause criminal-procedure expert-testimony forensic-pathology sixth-amendment testimonial-statements |
Whether a substitute expert witness's testimony based on an absent analyst's testimonial statements violates a criminal defendant's Confrontation Clau… |
| 25-445 |
E&I Global Energy Services, Inc., et al. v. Liberty Mutual Insurance Company |
Eighth Circuit |
2025-10-14 |
Denied |
Response Waived |
civil-procedure contract-assignment expert-testimony federal-rules jury-trial seventh-amendment |
1. Whether the district court violated the Seventh Amendment and Federal Rule of Civil Procedure 39(b) by denying petitioners' timely motion for a jur… |
| 25A389 |
InfoDeli, LLC, a Missouri LLC, et al. v. Western Robidoux, Inc., a Missouri Corporation, et al. |
Eighth Circuit |
2025-10-03 |
Presumed Complete |
|
burden-of-proof copyright-law expert-testimony pleading-standards saas-services software-copyright |
Whether the Eighth Circuit's interpretation of copyright law for software and SaaS services improperly shifts the burden of proof and pleading standar… |
| 25-341 |
EcoFactor, Inc. v. Google, LLC |
Federal Circuit |
2025-09-23 |
Denied |
Response Waived |
damages-evaluation due-process expert-testimony federal-circuit jury-award seventh-amendment |
Whether the Federal Circuit violated the Seventh Amendment by overturning the jury's damages award based on its own evaluation of the sufficiency of t… |
| 25-5430 |
Ravon Lovowe Ramsey v. California Department of Corrections and Rehabilitation, et al. |
Ninth Circuit |
2025-08-21 |
Denied |
Response WaivedIFP |
civil-rights due-process eighth-amendment expert-testimony jury-trial medical-malpractice |
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PhWnKK a^A AenteA kVw + |fty… |
| 25A179 |
EcoFactor, Inc. v. Google, LLC |
Federal Circuit |
2025-08-12 |
Presumed Complete |
|
due-process expert-testimony federal-circuit harmless-error patent-law seventh-amendment |
Whether the Federal Circuit improperly supplanted the jury's fact-finding role and violated due process by granting a new trial on damages in a patent… |
| 25-158 |
R. J. Reynolds Vapor Company v. Altria Client Services LLC |
Federal Circuit |
2025-08-11 |
Denied |
Response Waived |
apportionment expert-testimony federal-circuit patent-damages patent-infringement royalty-calculation |
Most products are made up of numerous components and features, patented and unpatented both. Their commercial success may be attributable to consumer … |
| 25-111 |
Timothy Carver v. United States |
Sixth Circuit |
2025-07-30 |
Denied |
Response Waived |
criminal-procedure due-process expert-testimony insanity-defense mental-defect neurodegenerative-disease |
1. Whether the appellate court erred in affirming the district court's rejection of Mr. Carver's insanity defense, where expert medical testimony esta… |
| 25-5204 |
Mario Onesimo Gonzalez v. United States |
Ninth Circuit |
2025-07-28 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure drug-evidence expert-testimony hearsay sixth-amendment |
Whether a drug value "expert" contravenes the Confrontation Clause and Smith v. Arizona, 602 U.S. 779 (2024), when her testimony about the value of dr… |
| 25-5190 |
Curtis Dickerson v. United States |
Fourth Circuit |
2025-07-24 |
Denied |
Response WaivedIFP |
co-conspirators expert-testimony fourth-circuit hearsay insufficient-evidence monetary-forfeiture |
I. Whether the Fourth Circuit erred by dismissing Mr. Dickerson's appeal, where the District Court improperly entered a $2,400,000.00 Order of Monetar… |
| 25A53 |
Victor Saldano v. Texas |
Texas |
2025-07-14 |
Presumed Complete |
|
atkins-claim competency-to-execute death-penalty eighth-amendment expert-testimony intellectual-disability |
Whether the Eighth Amendment prohibits the execution of an individual with intellectual disability under Atkins v. Virginia when multiple experts, inc… |
| 25-5075 |
Mark Jabben v. Texas |
Texas |
2025-07-10 |
Denied |
IFP |
character-evidence confrontation-clause due-process expert-testimony sixth-amendment trial-procedure |
1. Should the Court of Criminal Appeal's overturn the verdict because there
was insufficent evidence of culpability ?
2. Did the State Court violate… |
| 25-5056 |
Edward Lee Busby, Jr. v. Texas |
Texas |
2025-07-08 |
Denied |
IFP |
atkins-standard cruel-and-unusual-punishment death-penalty eighth-amendment expert-testimony intellectual-disability |
Where the clinical criteria unequivocally establish that a death row inmate is intellectually disabled, and where all the experts -- including the exp… |
| 24-1240 |
Unkechaug Indian Nation, et al. v. Amanda Lefton, Commissioner, New York State Department of Environmental Conservation, et al. |
Second Circuit |
2025-06-05 |
Denied |
|
daubert-standard due-process expert-testimony gatekeeping-obligation in-camera-review summary-judgment |
Whether the District Court violated Petitioners' due process rights by granting summary judgment without fulfilling its Daubert gatekeeping obligation… |
| 24-7329 |
Nicco-Kawon Pledger v. Massachusetts |
Massachusetts |
2025-05-30 |
Denied |
Response WaivedIFP |
due-process expert-testimony hearsay-evidence ineffective-assistance jury-instructions trial-procedure |
Whether counsel's failure to challenge the admissibility of expert testimony and hearsay evidence prejudicially impacted the defendant's right to a fa… |
| 24-7272 |
Carlos Barragan Leon v. United States |
Ninth Circuit |
2025-05-22 |
Denied |
Response WaivedIFP |
daubert-standard evidence-reliability expert-testimony federal-rules-of-evidence kumho-tire translation-methodology |
Did the district court's failure to make the required reliability finding pursuant to Federal Rule of Evidence 702 of the methodology and principles u… |
| 24-1137 |
NexStep, Inc. v. Comcast Cable Communications, LLC |
Federal Circuit |
2025-05-06 |
Denied |
Response Waived |
doctrine-of-equivalents expert-testimony federal-circuit jury-verdict patent-infringement patent-law |
Whether a patentee must in every case present 'particularized testimony and linking argument' to establish infringement under the doctrine of equivale… |
| 24-1127 |
Thomas E. Clardy v. Kenneth Nelsen, Warden |
Sixth Circuit |
2025-05-02 |
Denied |
Response Waived |
criminal-procedure due-process expert-testimony eyewitness-identification ineffective-assistance strickland-standard |
Does a criminal defense attorney perform deficiently under Strickland v. Washington when failing to present expert testimony about the reliability pro… |
| 24-991 |
Joshua Herrera v. United States |
Eleventh Circuit |
2025-03-18 |
Denied |
|
appellate-review child-sexual-offense criminal-procedure expert-testimony federal-rules-of-evidence psychological-evidence |
Whether the Eleventh Circuit improperly restricted expert testimony on sexual interest in children contrary to the Supreme Court's recent decision in … |
| 24-6749 |
Foster Lee Scott v. United States |
Ninth Circuit |
2025-03-11 |
Denied |
Response WaivedIFP |
constitutional-violation expert-testimony fair-trial federal-rules-of-evidence intent-determination mens-rea |
Whether the testimony of Sergeant Helms establishes the required mens rea and violates evidentiary rules and constitutional standards |
| 24-950 |
Urvashi Bhagat v. United States Patent and Trademark Office, et al. |
Federal Circuit |
2025-03-05 |
Denied |
Response Waived |
constitutional-standards due-process expert-testimony innovation nutrition-arts patent-law |
Whether lower courts erred in prejudicing innovation in nutrition arts by failing to uphold constitutional standards for patent advancement and due pr… |
| 24-6613 |
Robert Atchinson v. District of Columbia |
District of Columbia |
2025-02-21 |
Denied |
IFP |
civil-disobedience climate-change constitutional-rights expert-testimony necessity-defense pre-trial-motion |
Whether the D.C. Court of Appeals erred by affirming the pre-trial denial of Mr. Atchinson's necessity defense in a nonviolent civil disobedience acti… |
| 24A765 |
Kevin Razzoli v. Richmond University Medical Center, et al. |
Second Circuit |
2025-02-06 |
Presumed Complete |
|
daubert-hearing due-process expert-testimony judicial-procedure medical-malpractice pro-se |
Whether the district and appellate courts violated a pro se plaintiff's due process rights by failing to conduct a Daubert hearing in a medical malpra… |
| 24-6472 |
Willie R. Burgess, Jr. v. Alabama |
Alabama |
2025-02-05 |
Denied |
IFP |
capital-murder death-penalty expert-testimony ineffective-assistance post-conviction-relief strickland-standard |
Under the extreme circumstances of this case, can a state court deny a Strickland claim on the merits without conducting an evidentiary hearing? |
| 24-6457 |
Darrell Blount v. Administrator, New Jersey State Prison |
Third Circuit |
2025-02-03 |
Denied |
Response WaivedIFP |
constitutional-rights due-process expert-testimony eyewitness-testimony fair-trial show-up-identification |
Whether the admission of an unreliable show-up identification violated the petitioner's due process rights and whether the exclusion of an eyewitness … |
| 24-580 |
Richard Cotromano, et al. v. RTX Corporation |
Eleventh Circuit |
2024-11-26 |
Denied |
Response Waived |
abuse-of-discretion daubert-standard dose-reconstruction environmental-exposure expert-testimony gatekeeping-function |
Whether the abuse of discretion standard requires the Circuit Courts to assess whether a trial court performed its gatekeeping function adequately rat… |
| 24-576 |
Nutramax Laboratories, Inc., et al. v. Justin Lytle, et al. |
Ninth Circuit |
2024-11-25 |
Denied |
Amici (2) |
circuit-split class-certification daubert-standard expert-testimony predominance-requirement rule-23 |
When a plaintiff seeking to certify a class relies on an expert to establish that classwide issues predominate, must the expert testimony satisfy the … |
| 24-5982 |
Benigno Perez-Aguilar v. Jeff Howard, Warden |
Sixth Circuit |
2024-11-15 |
Denied |
IFP |
expert-testimony hearsay ineffective-assistance-of-counsel sixth-amendment trial-court-discretion witness-bolstering |
Did the trial court abuse its discretion in admitting expert testimony that allegedly bolstered witness testimony, and did trial counsel's errors viol… |
| 24A469 |
Urvashi Bhagat v. United States Patent and Trademark Office, et al. |
Federal Circuit |
2024-11-08 |
Presumed Complete |
|
constitutional-violation due-process expert-testimony federal-circuit patent-dispute summary-judgment |
Whether the Federal Circuit improperly disregarded constitutional due process protections and procedural rules in reviewing a patent-related dispute i… |
| 24-5939 |
James Herard v. Florida |
Florida |
2024-11-07 |
Denied |
IFP |
death-penalty due-process expert-testimony fifth-amendment interrogation-techniques miranda-rights |
Whether the trial court erred in refusing to suppress statements made by James Herard under the 5th and 14th Amendments and Miranda v. Arizona, and wh… |
| 24-485 |
Kirk Prest v. BP Exploration & Production, Incorporated, et al. |
Fifth Circuit |
2024-10-31 |
Denied |
Response Waived |
abuse-of-discretion epidemiological-evidence expert-testimony rule-702 scientific-reliability toxic-tort |
Whether a trial court may categorically exclude expert testimony in toxic tort cases without quantitative exposure data and whether the abuse of discr… |
| 24-440 |
Harold R. Berk v. Wilson C. Choy, et al. |
Third Circuit |
2024-10-18 |
Judgment Issued |
Amici (13)Response RequestedResponse WaivedRelisted (3) |
affidavit-of-merit circuit-split expert-testimony federal-civil-procedure federal-jurisdiction state-procedural-rules |
Whether a state law providing that a complaint must be dismissed unless it is accompanied by an expert affidavit may be applied in federal court |
| 24-5775 |
Timothy Robert Ronk v. Mississippi |
Mississippi |
2024-10-17 |
Denied |
IFP |
constitutional-claim death-penalty expert-testimony ineffective-assistance-of-counsel procedural-rule sixth-amendment |
Does the failure of death penalty defense counsel to seek funding for an independent expert and not challenge the State's expert testimony constitute … |
| 24A281 |
James L. Martin v. David H. Nixon |
Delaware |
2024-09-19 |
Presumed Complete |
|
damages-exclusion expert-testimony judicial-review medical-causation personal-injury trial-court-discretion |
Whether a trial court may exclude expert medical testimony about causation and damages in a personal injury case without providing a substantive legal… |
| 24-5378 |
Mitchell Danyell Banks v. United States |
Fourth Circuit |
2024-08-23 |
Denied |
Response WaivedIFP |
alford-plea drug-conspiracy due-process evidence-destruction expert-testimony fundamental-fairness |
Whether expert testimony about destroyed drugs following an Alford Plea violates a defendant's due process rights in a subsequent federal drug conspir… |
| 24-5335 |
Valentino Cabral Darosa v. United States |
Fourth Circuit |
2024-08-16 |
Denied |
Response WaivedIFP |
circuit-split expert-testimony federal-rules-of-evidence fingerprint-evidence good-faith-exception search-warrant |
Whether the Fourth Circuit's decision in United States v. Darosa conflicts with other Circuit Courts' precedents regarding the admissibility of finger… |
| 24-5175 |
Kalamice Keson Piggee v. Gena Jones, Warden |
Ninth Circuit |
2024-07-30 |
Denied |
Response WaivedIFP |
competency competency-hearing due-process expert-testimony judicial-review mental-health-evaluation mental-illness retrospective-competency-determination trial-court-discretion trial-procedure |
Whether the Ninth Circuit's decision sanctioned a departure from this Court's precedent requiring a trial court to hold a competency hearing if substa… |
| 24-84 |
Enrique Vazquez-Quintana v. Hermenegildo Martinez Remigio, et al. |
Puerto Rico |
2024-07-25 |
Denied |
Relisted (2) |
constitutional-rights due-process equal-protection expert-testimony insular-cases judicial-integrity judicial-practices medical-licensing puerto-rico |
How can the Supreme Court reconcile substandard judicial practices, false expert testimony, and unequal constitutional application in Puerto Rico? |
| 24-5118 |
Jared Holton Seavey v. Texas |
Texas |
2024-07-19 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
confrontation-clause criminal-procedure due-process expert-testimony medical-examiner precedent remand sixth-amendment |
Where the State used a surrogate medical examiner to opine as to the cause of death in a murder trial, should the Court GVR this matter in light of th… |
| 24-5004 |
Joshua Mounts v. Ohio |
Ohio |
2024-07-03 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure due-process expert-testimony expert-witnesses nazi-comparison personal-attacks prosecutorial-misconduct |
Whether violations of the United States Constitution occur where defense experts are not allowed to respond to criticism of their expert reports and w… |
| 23-1250 |
Carlos Vega v. Terence B. Tekoh |
Ninth Circuit |
2024-05-29 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
administration-of-justice circuit-split coerced-confessions confession-admissibility criminal-procedure due-process expert-testimony fifth-amendment miranda-rights miranda-warning ninth-circuit |
Whether the Ninth Circuit erred by establishing a categorical rule requiring the admission of expert testimony on the allegedly coercive circumstances… |
| 23-1243 |
Kirk Johnston v. Chad Kroeger, et al. |
Fifth Circuit |
2024-05-24 |
Denied |
Relisted (2) |
access access-evidence copyright-infringement damages damages-discovery expert-evidence expert-testimony musicology substantial-similarity summary-judgment |
Whether the courts can disregard expert evidence and make factual determinations on substantial-similarity and access at the summary-judgment stage, d… |
| 23-7556 |
Nathan O. Beal v. Washington |
Washington |
2024-05-23 |
Denied |
IFP |
criminal-procedure criminal-trials daubert-standard due-process evidence-rule expert-testimony federal-evidence-rule firearm-ballistics frye-standard scientific-evidence trial-procedure |
Should Washington State use the Daubert standard for criminal trials, or is the Frye standard sufficient? |
| 23-1225 |
Maryland Shall Issue, Inc., et al. v. Anne Arundel County, Maryland |
Fourth Circuit |
2024-05-21 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
303-creative-llc-v-elenis commercial-speech compelled-speech content-based-regulation expert-testimony first-amendment nifla zauderer zauderer-standard |
Whether the court of appeals impermissibly allowed the County to violate Petitioners' First Amendment right 'to remain silent,' as reaffirmed in 303 C… |
| 23-7410 |
Andrew Franklin Woodburn v. Bryan Morrison, Warden |
Sixth Circuit |
2024-05-07 |
Denied |
Response WaivedIFP |
criminal-defense evidentiary-hearing expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-intoxication medication-defense paxil temporary-insanity |
Is Andrew Woodburn entitled to a remand for an evidentiary hearing and a new trial due to ineffective assistance of counsel? |
| 23-1174 |
Peter Kleidman v. Hilton & Hyland Real Estate, Inc., et al. |
Ninth Circuit |
2024-05-01 |
Denied |
|
circuit-split evidence-rule expert-testimony federal-rule-of-evidence-704(a) federal-rules judicial-interpretation legal-duties ninth-circuit petition-for-writ-of-certiorari |
Does Federal Rule of Evidence 704(a) allow an expert to opine on a person's compliance with legal duties? |
| 23-7323 |
Damon Todd Carey v. United States |
Third Circuit |
2024-04-26 |
Denied |
Response WaivedIFP |
exclusionary-rule expert-testimony fourth-amendment good-faith good-faith-doctrine independent-source inevitable-discovery probable-cause warrant-requirement |
Whether the 'inevitable discovery' doctrine requires the alternative theory to be active during the illegal search, and whether illegally obtained evi… |
| 23-7150 |
Elana Gordon v. Massachusetts |
Massachusetts |
2024-04-05 |
GVR |
Response RequestedResponse WaivedRelisted (4)IFP |
confrontation-clause criminal-procedure criminal-trial expert-testimony expert-witness forensic-evidence forensic-testimony right-to-counsel sixth-amendment trial-counsel |
Whether the Confrontation Clause permits the prosecution to present testimony by a substitute forensic expert conveying testimonial statements of a no… |
| 23-6987 |
Michael Todd Hilton v. Daniel Akers, Warden |
Sixth Circuit |
2024-03-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process expert-testimony expert-witness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-present-defense strickland-standard strickland-v-washington |
If a defendant is prevented from presenting a complete defense by the exclusion of a substantial expert witness, has there been a violation of his fed… |
| 23-6885 |
Joseph Rendon v. Beth Skinner, Director, Iowa Department of Corrections, et al. |
Eighth Circuit |
2024-03-04 |
Denied |
IFP |
certificate-of-appealibility circuit-split due-process expert-testimony fair-trial law-enforcement police-expert pro-se pro-se-petitioner |
Whether the Sixth Circuit or the Eighth Circuit made the correct ruling regarding denial of due process and fair trial concerning the use of a police … |
| 23-6829 |
Edward Joseph Parson v. United States |
Tenth Circuit |
2024-02-27 |
Denied |
Response WaivedIFP |
child-abuse child-sexual-abuse credibility evidence-rule-702 expert-testimony jury-determination jury-role prosecutorial-discretion prosecutorial-evidence witness-credibility |
Whether expert testimony that an alleged child victim's inconsistent reporting of abuse is consistent with truthfulness is admissible under Federal Ru… |
| 23-6839 |
Donte Johnson v. Nevada |
Nevada |
2024-02-27 |
Denied |
IFP |
constitutional-rights criminal-procedure discretionary-strategy effective-counsel expert-testimony false-confessions ineffective-assistance police-interrogation sixth-amendment strickland strickland-standard |
did-the-nevada-supreme-court-deprive-petitioner-of-his-sixth-amendment-right-to-effective-counsel |
| 23-6795 |
Gregory Taylor v. United States |
Sixth Circuit |
2024-02-21 |
Denied |
Relisted (2)IFP |
confrontation-clause criminal-procedure evidence expert-testimony hearsay laboratory-evidence laboratory-tests sixth-amendment |
Whether the Confrontation Clause of the Sixth Amendment is satisfied when an expert witness provides opinion testimony that is based on data from labo… |
| 23-6611 |
Morice Ervin v. Indiana |
Indiana |
2024-01-30 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-rights due-process expert-testimony expert-witness-testimony fair-trial favorable-evidence fourteenth-amendment lack-of-evidence post-autopsy prejudicial-questioning |
whether-petitioner's-due-process-rights-were-violated |
| 23-6559 |
Marcus Johnson v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. |
Third Circuit |
2024-01-24 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-deference confrontation-clause due-process expert-testimony expert-witness judicial-review prejudice prejudice-standard self-defense sixth-amendment testimonial-statements |
Did the Third Circuit err in deferring to the District Court's finding that Mr. Johnson suffered no prejudice from the Confrontation violation that oc… |
| 23-721 |
Gayle Killilea v. Richard M. Coan, et al. |
Second Circuit |
2024-01-04 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
avoidance-action bankruptcy-law civil-procedure evidence expert-testimony federal-rules-of-evidence jury property-transfer rules-of-evidence statutory-interpretation trust |
Whether expert testimony may be excluded under Rules 702 and 704 because the expert offers an opinion on the relevant question of fact |
| 23A578 |
NVIDIA Corporation, et al. v. E. Ohman J:or Fonder AB, et al. |
Ninth Circuit |
2023-12-22 |
Presumed Complete |
|
class-action expert-testimony pleading-standards pslra scienter securities-fraud |
Whether plaintiffs can satisfy the Private Securities Litigation Reform Act's heightened pleading standards by relying on a hired expert report withou… |
| 23-6232 |
Charles C. McCrory v. Alabama |
Alabama |
2023-12-13 |
Denied |
Relisted (7)IFP |
bite-mark bite-mark-analysis conflicted-judge due-process expert-testimony forensic-evidence judicial-recusal recanted-testimony scientific-developments scientific-reliability |
Whether due process prohibits a conviction based on forensic evidence later shown to be unreliable |
| 23-616 |
Estate of William Han Manstrom-Greening, Through Carol J. Manstrom, Personal Representative v. Lane County, Oregon, et al. |
Ninth Circuit |
2023-12-07 |
Denied |
Response Waived |
2nd-amendment civil-procedure civil-rights due-process evidence-relevance expert-testimony free-speech gun-violence negligence psychological-impact standing suicide |
Is an expert's testimony about the psychological connection between the visible presence of unsecured firearms and death by suicide relevant to a jury… |
| 23-6177 |
Sylvia Olivas, aka Sylvia Lee Gavaldon v. United States |
Ninth Circuit |
2023-12-06 |
GVR |
Relisted (2)IFP |
circuit-split criminal-activity criminal-procedure expert-testimony expert-witness federal-rules-of-evidence mens-rea mental-state trier-of-fact |
Does Rule 704(b) permit a government expert witness to testify about certain roles in criminal activity, that people in those roles are knowing partic… |
| 23-6128 |
Julia Ann Poff v. United States |
Fifth Circuit |
2023-11-29 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-rights criminal-procedure due-process evidence expert-testimony fair-trial indigent-defense plea-bargaining right-to-counsel |
Question not identified |
| 23-6120 |
Demecia Shontres Washington v. United States |
Ninth Circuit |
2023-11-28 |
Denied |
Response WaivedIFP |
character-evidence criminal-procedure due-process evidentiary-standard expert-testimony jury-bias plain-error profile-evidence |
Whether the district court plainly erred by admitting expert testimony about the common characteristics of a particular type of offender, also known a… |
| 23-6058 |
Liberty Anne Walden v. Jeremy Howard, Warden |
Sixth Circuit |
2023-11-20 |
Denied |
Response WaivedIFP |
civil-procedure due-process evidence expert-testimony judicial-error misconduct plain-error prosecutorial-misconduct trial-court-discretion trial-procedure witness-credibility |
Did the trial court plainly error by allowing Dr. Mohr to testify outside the realm of her expertise thereby providing testimony to the ultimate issue… |
| 23-6010 |
James Woo v. Jose Angel Baez, et al. |
Colorado |
2023-11-14 |
Denied |
Response WaivedIFP |
certificate-of-review civil-rights colorado-statute constitutional-challenge due-process expert-review expert-testimony indigent-plaintiff negligence-claims professional-conduct standing |
Whether the Colorado Court of Appeals erred in holding that the certificate of review requirement pursuant to Colorado's Revised Statute (C.R.S.) § 13… |
| 23-5976 |
Brian Heath Davis v. Randy Gibbs, Warden, et al. |
Eighth Circuit |
2023-11-08 |
Denied |
Response WaivedIFP |
autopsy autopsy-report confrontation-clause criminal-procedure effective-assistance expert-testimony reasonable-doubt sixth-amendment |
To what extent are Sixth Amendment guarantees of Confrontation and Effective Assistance violated when an expert conducts an autopsy, prepares an autop… |
| 23A410 |
Brent Ray Brewer v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-11-07 |
Denied |
|
certificate-of-appealability constitutional-claim death-penalty expert-testimony future-dangerousness habeas-corpus |
Whether a state court dissent on a constitutional claim requires granting a certificate of appealability in a death penalty habeas proceeding |
| 23-5931 |
Donald Lee Kissner v. Joseph Michael Orr, et al. |
Sixth Circuit |
2023-11-01 |
Dismissed |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights criminal-procedure due-process expert-testimony judicial-error medical-care ninth-circuit pretrial-detention qualified-immunity |
Did the Sixth Circuit United States Court of Appeals commit clear error when it stated that Mr. Kissner did not show deliberate indifference to seriou… |
| 23-5916 |
Steven Richard Taylor v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-10-31 |
Denied |
IFP |
criminal-procedure dna-evidence due-process expert-testimony frye-standard frye-test ineffective-assistance ineffective-assistance-of-counsel interrogation right-to-counsel |
Was Petitioner prejudiced by trial counsel's failure to move for adversarial testing of the State's novel DNA testing and statistics under Frye v. Uni… |
| 23-445 |
Christy Williams v. American Honda Motor Company, Incorporated |
Fifth Circuit |
2023-10-27 |
Denied |
|
14th-amendment 7th-amendment civil-rights due-process expert-testimony fourteenth-amendment jury-trial product-liability seventh-amendment summary-judgment |
Whether Petitioner has been deprived of the right of trial by jury as protected by the Seventh Amendment and Fourteenth Amendment |
| 23-5823 |
Ramiro Felix Gonzales v. Texas |
Texas |
2023-10-17 |
Denied |
IFP |
constitutional-claim death-penalty eighth-amendment expert-testimony fourteenth-amendment future-dangerousness recantation texas-code-criminal-procedure |
Whether a state court errs in refusing to entertain a cognizable Eighth or Fourteenth Amendment claim based on a state expert's recantation of trial t… |
| 23-5789 |
Jean Max Darbouze v. Patrick Covello, Warden |
Ninth Circuit |
2023-10-16 |
Denied |
IFP |
civil-rights criminal-procedure csaas-testimony due-process evidence expert-testimony free-speech habeas-corpus translation-accuracy witness-credibility |
Whether the introduction of CSAAS testimony is unconstitutional junk science |
| 23-5767 |
Fidel Flores v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-10-12 |
Denied |
Response WaivedIFP |
complainant-credibility credibility-determination expert-testimony harmless-error lay-testimony sixth-amendment strickland-prejudice strickland-standard |
Did the Fifth Circuit err in its review of Petitioner's Sixth Amendment claim and its evaluation of Strickland prejudice when it determined that repea… |
| 23-5717 |
Ronnie Shahar v. United States |
Ninth Circuit |
2023-10-04 |
Denied |
Response WaivedIFP |
civil-rights coin-seizure due-process expert-testimony forfeiture forfeiture-proceedings import-regulations metallurgical-evidence probable-cause seizure standing summary-judgment |
What is the level of proof required from the US Government when it seizes mutilated or damaged coins imported from Chinese recycling factories and dum… |
| 23-5719 |
Jerrell West v. United States |
Eighth Circuit |
2023-10-04 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-provisions court-procedure evidence expert-testimony federal-rules-of-evidence legal-jurisdiction prejudicial probative statutory-provisions writ-of-certiorari |
Can the Dirsbei ch Court4 allow Exper Testimony when it is More Presuodicial than Probatfive under Rules 702 and 403? |
| 23-5671 |
Oscar Hernandez Maldonado v. United States |
Fourth Circuit |
2023-09-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure cultural-assimilation downward-departure expert-testimony ineffective-assistance-of-counsel presentence-report sentencing waiver-of-rights |
Whether the United States Court of Appeals properly affirmed the trial court's determination that the petitioner was not denied effective assistance o… |
| 23A251 |
Obaida Abdulky, et al. v. Lubin & Meyer, P.C., et al. |
Massachusetts |
2023-09-19 |
Presumed Complete |
|
access-to-courts attorney-malpractice due-process expert-testimony fourteenth-amendment summary-judgment |
Whether a state appellate court violates the Fourteenth Amendment's Due Process Clause and the constitutional right of access to courts by establishin… |
| 23-5553 |
Randy Haight v. Scott Jordan, Warden |
Sixth Circuit |
2023-09-12 |
Denied |
IFP |
capital-case capital-punishment due-process evidentiary-hearing expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health mental-retardation statutory-interpretation |
How to reconcile 28 U.S.C. § 2254(d)(2) and 28 U.S.C. § 2254(e)(1) in capital cases |
| 23-5520 |
Tamara Sue Harbec v. North Country Hospital and Health Practices, et al. |
Second Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
access-to-courts civil-rights constitutional-violation disability-discrimination disability-rights due-process expert-testimony interpreter-access medical-care medical-malpractice medical-rights patient-care |
Was it constitutional to deny the right of an interpreter because of bilateral sensorineural hearing loss? |
| 23-5489 |
Lonnie Dee Brown v. Oklahoma |
Oklahoma |
2023-08-30 |
Denied |
IFP |
appellate-review criminal-procedure daubert daubert-standard evidence expert-testimony ineffective-assistance kumho-tire standard-of-review strickland-test |
Whether the Oklahoma Court of Criminal Appeals' review of trial courts decisions to admit or exclude expert testimony comport with the United States S… |
| 23-176 |
Robert Cox, et al. v. Helena Chemical Company |
Texas |
2023-08-25 |
Denied |
Response Waived |
due-process evidence evidence-exclusion expert-testimony fourteenth-amendment legal-standards property-rights state-court |
Whether the Due Process Clause prohibits a state court from depriving petitioners of property protected by the Fourteenth Amendment without allowing t… |
| 23-5303 |
Jeanne Germeil v. United States |
Eleventh Circuit |
2023-08-09 |
Denied |
Response WaivedIFP |
controlled-substances controlled-substances-act criminal-procedure expert-testimony good-faith jury-instructions medical-practice ruan-v-united-states |
Whether the United States Supreme Court's Decision in Ruan v. United States Warrants Certiorari Review of the Court's Refusal to Instruct the Jury on … |
| 23A110 |
Taylor J. Matson v. United States |
Ninth Circuit |
2023-08-08 |
Presumed Complete |
|
attempted-child-enticement circuit-split evidentiary-standards expert-testimony jury-trial law-enforcement-agents |
Whether the scope of permissible expert testimony by law enforcement agents regarding the interpretation of evidence and communications is limited by … |
| 23-5156 |
Markerrion D'Shon Allison v. Texas |
Texas |
2023-07-24 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-error expert-testimony informant out-of-court-statement personal-knowledge testimonial-evidence witness-confrontation |
Whether a police officer's testimony relating an unidentified informant's out-of-court statement regarding the meaning of a phrase violated the defend… |
| 23-5118 |
In Re Dustin Ray Braddock |
|
2023-07-18 |
Denied |
Response WaivedIFP |
criminal-procedure district-court due-process expert-testimony jury-instructions prosecutorial-misconduct structural-error subject-matter-jurisdiction supreme-court trial-error |
Whether a dual-role jury instruction is required when law enforcement officers testify as both expert and percipient witnesses |
| 23-14 |
Delilah Guadalupe Diaz v. United States |
Ninth Circuit |
2023-07-05 |
Judgment Issued |
Amici (3)Relisted (2) |
criminal-procedure drug-trafficking evidence evidence-law expert-testimony mens-rea mental-state rule-704(b) rule-704b |
In a prosecution for drug trafficking—where an element of the offense is that the defendant knew she was carrying illegal drugs—does Rule 704(b) permi… |
| 22-7888 |
Desean Lamont Thomas, nka Pharaoh El-Forever Left-I Amen El v. Minnesota |
Minnesota |
2023-06-28 |
Denied |
Relisted (2)IFP |
due-process economic-barrier expert-testimony expert-witness indigent-defendant ineffective-assistance ineffective-assistance-of-counsel pro-se strickland-standard |
If a state conditions satisfying Strickland's first prong, on the testimony of two privately funded expert witnesses against a indigent pro se prisone… |
| 22-7774 |
Duane E. Armstrong v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2023-06-13 |
Denied |
IFP |
burden-of-proof constitutional-rights criminal-procedure due-process evidence expert-testimony fingerprint-analysis forensic-evidence trial-procedure |
Does the court's need a second analyst to testifies, to the first analyst opinion containing veracious of petitioner's finger print? |
| 22-7747 |
Samuel Wilson, III v. United States |
Fifth Circuit |
2023-06-09 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure drug-slang evidence expert-testimony law-enforcement lay-testimony lay-witness |
Whether a law enforcement agent who is not designated as an expert can testify as a lay witness about drug slang, jargon or code in conversations to w… |
| 22-7491 |
Orlando Ocasio v. Joseph Noeth, Superintendent, Attica Correctional Facility |
Second Circuit |
2023-05-09 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process expert-testimony expert-witness fair-trial habeas-corpus ineffective-assistance-of-counsel medical-evidence trial-strategy |
Was Mr.Ocasio deprived of his constitutional rights to effective assistance of counsel? |
| 22-7350 |
Emanuel Higuera v. United States |
Ninth Circuit |
2023-04-24 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-hearing expert-testimony judicial-discretion law-enforcement preliminary-proceedings trial-procedure witness-qualification |
Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t… |
| 22-7343 |
William Levi Oliver v. Texas |
Texas |
2023-04-21 |
Denied |
IFP |
6th-amendment confrontation-clause criminal-procedure due-process evidence expert-testimony ineffective-assistance trauma-narrative videoconference-testimony witness |
Whether the Confrontation Clause permits out-of-state testimony via videoconference |
| 22-7335 |
Enrique Holguin v. United States |
Ninth Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-standards expert-testimony judicial-discretion law-enforcement preliminary-hearing preliminary-proceedings trial-procedure |
Whether district courts should be required to hold some type of preliminary proceedings before allowing experienced-based law enforcement experts to t… |
| 22-1007 |
Jericho Baptist Church Ministries, Inc., Jericho DC v. Bank of America, N.A. |
Fourth Circuit |
2023-04-17 |
Denied |
Response Waived |
account-control banking-negligence breach-of-contract business-account expert-testimony litigation-between-factions litigation-knowledge standard-of-care |
Whether expert testimony is required in a banking negligence and breach-of-contract case when the bank's mishandling of a business account is open and… |
| 22-7186 |
Daniel Ray Mann v. Doug Clark, Warden, et al. |
Eighth Circuit |
2023-04-03 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review civil-rights constitutional-rights criminal-procedure due-process expert-testimony plain-error plain-error-review procedural-default prosecutorial-misconduct vouching |
Whether the state court's admission of 'vouching' testimony from a police officer expert witness violated the defendant's due process rights under the… |
| 22-7122 |
Quintel West v. Fredeane Artis, Acting Warden |
Sixth Circuit |
2023-03-27 |
Denied |
Response WaivedIFP |
due-process effective-assistance-of-counsel expert-testimony fourth-amendment probable-cause prosecutorial-misconduct reckless-driving sixth-amendment warrantless-arrest |
Whether the petitioner's warrantless arrest was consistent with the Fourth Amendment? |
| 22-7090 |
Frank Gallardo v. United States |
Eighth Circuit |
2023-03-24 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-rights criminal-procedure due-process evidence evidence-exclusion expert-testimony fair-trial federal-rules-of-evidence speedy-trial |
Whether the district court abused its discretion in admitting Tonkel's testimony under FRE 807(b) |
| 22-899 |
Jason Smith v. Arizona |
Arizona |
2023-03-16 |
Judgment Issued |
Amici (10)Response RequestedResponse WaivedRelisted (2) |
6th-amendment confrontation-clause criminal-procedure criminal-trial expert-testimony forensic-analysis sixth-amendment subpoena testimonial-evidence |
Whether the Confrontation Clause permits the prosecution to present testimony by a substitute expert conveying the testimonial statements of a nontest… |
| 22-885 |
South Carolina v. Angela D. Brewer |
South Carolina |
2023-03-15 |
Denied |
|
confrontation-clause crawford-v-washington criminal-procedure expert-testimony forensic-evidence forensic-pathology melendez-diaz-v-massachusetts ohio-v-clark sixth-amendment testimonial-evidence testimonial-statements |
Whether lab results requested not by law enforcement but by a forensic pathologist to assist in making a routine cause of death determination are test… |
| 22-6985 |
Lisa Bergman v. Jeremy Howard, Warden |
Sixth Circuit |
2023-03-10 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-right criminal-defendant criminal-procedure due-process expert-testimony expert-witness prosecution-evidence right-to-counsel scientific-evidence scientific-expert |
Whether the Due Process Clause requires an impoverished criminal defendant to be appointed a scientific expert that is essential to confront scientifi… |
| 22-6565 |
Cristian Santa v. Massachusetts |
Massachusetts |
2023-01-18 |
Denied |
Response WaivedIFP |
expert-opinion expert-testimony factual-investigation ineffective-assistance ineffective-assistance-of-counsel kolenovic-precedent massachusetts-jurisprudence right-to-counsel sixth-amendment trial-counsel |
Has Massachusetts jurisprudence, particularly the expansion of Commonwealth v. Kolenovic, 471 Mass. 664 (2015), run afoul of the Sixth Amendment by ru… |
| 22-6209 |
Mayeli Molina v. United States |
Fifth Circuit |
2022-12-02 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure criminal-trial dual-role-witnesses due-process expert-testimony jury-instructions sentencing sentencing-standards substantial-rights witness-testimony |
Whether Molina's substantial rights were affected by dual-role testimony |
| 22-399 |
Adam Dean Brown v. Florida Department of Corrections |
Eleventh Circuit |
2022-10-31 |
Denied |
|
accident-reconstruction burden-of-proof certificate-of-appealability criminal-procedure criminal-trial due-process evidence expert-testimony ineffective-assistance-of-counsel prosecutorial-misconduct traffic-accident |
Did Petitioner satisfy the burden for the issuance of a certificate of appealability on his ineffective-assistance-of-counsel claims |
| 22-5923 |
Michael L. Berry v. Illinois |
Illinois |
2022-10-27 |
Denied |
IFP |
civil-rights due-process expert-testimony habeas-corpus identification standing |
Whether the District Court erred in denying Petitioner's Motion to be a Succeeding Post Conviction Petition citing Actual Innocence |
| 22-5909 |
Timmy Doucet v. Tim Hooper, Warden |
Fifth Circuit |
2022-10-25 |
Denied |
Response WaivedIFP |
brady-material criminal-procedure due-process expert-testimony fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jackson-v-virginia reasonable-doubt sixth-amendment |
Insufficient evidence to convict beyond reasonable doubt |
| 22-382 |
Yolanda Hamilton v. United States |
Fifth Circuit |
2022-10-24 |
Denied |
Response Waived |
claims-extrapolation criminal-liability expert-testimony extrapolation lay-testimony medical-necessity medicare-fraud |
Whether a physician can be criminally liable for Medicare fraud when the Government fails to produce medical expert testimony and instead relies solel… |
| 22-5588 |
John Wakefield v. New York |
New York |
2022-09-15 |
Denied |
Relisted (2)IFP |
artificial-intelligence confrontation-clause due-process expert-testimony forensic-evidence probabilistic-genotyping sixth-amendment source-code |
Does the Confrontation Clause require disclosure of AI software source code? |
| 22-5308 |
Lashawn Lewis v. New York |
New York |
2022-08-08 |
Denied |
Response WaivedIFP |
criminal-procedure daubert daubert-standard due-process expert-testimony frye-standard scientific-evidence |
Was Petitioner deprived of Due Process where the court denied her any meaningful opportunity to contest the use of junk science at her trial? |
| 22-5252 |
Carlos Fleitas v. United States |
Eleventh Circuit |
2022-08-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eleventh-circuit expert-testimony federal-rules-of-evidence judicial-procedure non-expert-testimony sentence-enhancement sentencing-enhancement writ-of-certiorari |
Should a higher standard, apart from that permitted by Fed. R. Evid. 1101(d)(3), apply when a defendant's sentence is enhanced based on non-expert tes… |
| 22-5183 |
Douglas Emmanuel Carey, III v. United States |
Sixth Circuit |
2022-07-26 |
Denied |
Response WaivedIFP |
constructive-possession drug-distribution drug-quantity evidence-reliability expert-testimony opinion-witness sentencing-determination voice-identification wiretap-evidence wiretap-necessity |
Whether the district court improperly allowed the admission of lay witness testimony identifying the defendant's voice, and whether the appellate cour… |
| 22-5190 |
Rafael Cortez-Oropeza v. United States |
First Circuit |
2022-07-26 |
Denied |
Response WaivedIFP |
admissibility-of-evidence atf bureau-of-alcohol-tobacco-and-firearms criminal-procedure evidence expert-testimony firearms interstate-commerce judicial-discretion legal-standard |
Whether the district court erred in allowing an unqualified ATF agent to testify as an expert on interstate commerce |
| 22-5054 |
Tyrik Upchurch v. United States |
Third Circuit |
2022-07-08 |
Denied |
Response WaivedIFP |
appellate-review due-process evidence-rules expert-testimony expert-witness-testimony judicial-procedure judicial-proceedings lay-witness-testimony new-trial standard-of-review third-circuit trial-error |
Did the Court of Appeals for the Third Circuit err in failing to award the Petitioner a new trial due to the District Court's error in allowing the go… |
| 21-1594 |
Preston L. Drane v. Stephania Drane |
Florida |
2022-06-27 |
Denied |
|
disability-payments divorce-proceedings equitable-distribution expert-testimony military-benefits military-disability pension-division uniformed-services-former-spouses-protection-act uniformed-services-protection-act veterans-benefits |
Whether a court may disregard military documentation showing that a veteran's payments are for disability and instead rely on expert testimony to conc… |
| 21-8141 |
Christopher G. Poeschl v. Foundation Building Materials, LLC, et al. |
Colorado |
2022-06-15 |
Denied |
IFP |
appellate-review civil-procedure due-process evidentiary-sufficiency expert-testimony judicial-discretion legal-fraud perjury prejudice structural-error trial-procedure trial-procedures |
Whether or not fraud solidified the Colorado Appeals Affirmation |
| 21-8087 |
Zachary S. Keeter v. United States |
Eighth Circuit |
2022-06-08 |
Denied |
Response WaivedIFP |
addiction criminal-defense criminal-law due-process expert-testimony improperly-prescribed-medication involuntary-intoxication judicial-discretion medication-addiction mental-health psychosis-claim |
Should a person whose addiction is the result of improperly prescribed medication be allowed an involuntary intoxication defense? |
| 21-7870 |
Greg Cantoni v. United States |
Second Circuit |
2022-05-13 |
Denied |
Response WaivedIFP |
circuit-court-split circuit-court-standards daubert discovery-violation expert-testimony federal-rules-of-evidence harmless-error jencks-act prosecutorial-discretion |
Which standard must be applied to determine whether a Jencks Act violation is prejudicial or harmless? |
| 21-1418 |
Medardo Queg Santos v. United States |
Eleventh Circuit |
2022-05-04 |
GVR |
Response RequestedRelisted (2) |
controlled-substances expert-testimony good-faith good-faith-defense medical-practice medical-purpose relevant-conduct sentencing sentencing-guidelines |
Whether a physician's good faith is a complete defense to a prosecution for prescribing controlled substances without a legitimate medical purpose or … |
| 21-1381 |
Enrique Vazquez-Quintana v. Jose Alberto Morales-Rodriguez, et al. |
First Circuit |
2022-04-26 |
Denied |
|
civil-rights court-ruling democratic-system due-process expert-testimony free-speech medical-decision medical-expertise scientific-evidence standing |
Can a court issue a ruling dismissing scientific facts? |
| 21-7684 |
Ernest DeWayne Jones v. Ronald Broomfield, Warden |
Ninth Circuit |
2022-04-22 |
Denied |
IFP |
complete-defense constitutional-analysis constitutional-restriction criminal-defendant-rights criminal-defense due-process expert-testimony right-to-testify rock-v-arkansas |
Whether a criminal defendant's right to testify is violated when prevented from testifying to facts within his personal knowledge without expert testi… |
| 21-1238 |
Ina Ann Rodman v. Otsuka America Pharmaceutical, Inc. |
Ninth Circuit |
2022-03-11 |
Denied |
Response Waived |
21-cfr-314-80 design-defect drug-labeling expert-testimony failure-to-warn misbranding pharmaceutical-liability post-marketing-surveillance summary-judgment wyeth-v-levine |
Whether Ms. Rodman presented admissible evidence of Otsuka's failure to follow post-marketing surveillance and label revision requirements, and whethe… |
| 21-7309 |
Jaime Calderon, aka Jaime Arredonde, aka Jaime Rene Calderon v. United States |
Ninth Circuit |
2022-03-08 |
Denied |
Response WaivedIFP |
civil-rights daubert-standard due-process evidence expert-testimony gatekeeping-function judicial-reliability kumho-tire law-enforcement law-enforcement-experts reliability |
Whether district courts have a duty to assess the reliability of law enforcement officers testifying as experience-based experts |
| 21-7312 |
Daniel Viveiros v. Massachusetts |
Massachusetts |
2022-03-08 |
Denied |
Response WaivedIFP |
complaint-testimony due-process evidence evidence-admission expert-testimony prosecutorial-misconduct sexual-assault trial-error trial-procedure uncorroborated-allegations |
Whether the trial court erred in admitting evidence without expert medical testimony |
| 21-1187 |
Sumotext Corp. v. Zoove, Inc., dba StarStar Mobile, et al. |
Ninth Circuit |
2022-02-28 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
antitrust antitrust-law cross-elasticity-of-demand economic-substitutes expert-testimony federal-rule-of-evidence-702 ninth-circuit-standard relevant-market rule-of-reason sherman-act |
Whether the Ninth Circuit applies an unduly lax standard for showing whether other suitable economic substitutes are available for the products at iss… |
| 21-1131 |
Trudy Mighty, as Personal Representative of the Estate of David M. Alexis, Deceased v. Miguel Carballosa, et al. |
Eleventh Circuit |
2022-02-16 |
Denied |
Response Waived |
circuit-conflict circuit-split civil-procedure civil-rights curative-admissibility due-process evidence evidentiary-ruling expert-testimony |
Whether the Eleventh Circuit erroneously applied the doctrine of 'curative admissibility' to affirm the district court's admission of inadmissible spe… |
| 21-7120 |
David John Telles, Jr. v. United States |
Ninth Circuit |
2022-02-15 |
Denied |
Response WaivedIFP |
competency-hearing constitutional-rights due-process expert-testimony grooming-expert-testimony malingering mental-disorder mental-disorder-defense self-representation standard-of-review |
standard-for-reviewing-denied-motions-for-competency-hearings |
| 21-1100 |
3M Company, et al. v. George Amador |
Eighth Circuit |
2022-02-09 |
Denied |
Amici (6) |
appellate-review daubert-standard daubert-v-merrell-dow evidence-admissibility expert-testimony federal-rule-of-evidence-702 general-electric-v-joiner judicial-gatekeeping pending-mdl reliability-threshold standard-of-review |
Whether the Eighth Circuit's standard of initial admissibility for expert testimony conflicts with this Court's precedents and Federal Rule of Evidenc… |
| 21-7072 |
Dontrell R. Wise v. United States |
Second Circuit |
2022-02-08 |
Denied |
Response WaivedIFP |
appellate-review burden-of-proof criminal-conviction criminal-procedure drug-crimes drug-dealing due-process expert-testimony sufficiency-of-evidence |
Whether the Second Circuit Court of Appeals erred in affirming Dontrell Wise's conviction which was not supported by sufficient evidence to prove his … |
| 21-7025 |
Derrick Garrell Samuels v. United States |
Sixth Circuit |
2022-02-01 |
Denied |
Response WaivedIFP |
confrontation-rights due-process equal-protection expert-testimony fair-trial fifth-amendment jury-composition jury-selection prosecutorial-misconduct racial-discrimination sixth-amendment |
Whether Samuel's Fifth Amendment rights were violated when he was forced to proceed to trial as the only black person in the courtroom |
| 21-7037 |
Robert Breest v. New Hampshire |
New Hampshire |
2022-02-01 |
Denied |
Response WaivedIFP |
criminal-procedure dismissal dna-testing expert-testimony favorable-evidence forensic-evidence habeas-corpus new-hampshire retrial statutory-interpretation |
Whether the DNA tests were favorable under New Hampshire RSA 651-D-2, VI (b) and warrant dismissal of the charge |
| 21-7003 |
Latique Johnson v. United States |
Second Circuit |
2022-01-28 |
Denied |
Response WaivedIFP |
admissibility admissibility-standard ballistics ballistics-testimony evidence expert-testimony expert-witness federal-rules-evidence federal-rules-of-evidence firearm forensic-science scientific-reliability |
Whether testimony by ballistics toolmark experts that a particular firearm fired recovered bullets or casings is presently so flawed as to be inadmiss… |
| 21-1008 |
Andres Mencia v. United States |
Eleventh Circuit |
2022-01-20 |
GVR |
Relisted (2) |
criminal-conduct criminal-intent criminal-liability due-process expert-testimony good-faith-defense medical-practice medical-standard-of-care mens-rea prosecutorial-discretion standard-of-care |
Is the civil definition of standard of care sufficient to create criminal liability against physicians? |
| 21-6785 |
Jarvis Thomas v. United States |
Ninth Circuit |
2022-01-10 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split criminal-law criminal-procedure expert-testimony federal-rules-of-evidence government-witness hypothetical-question hypothetical-questions rule-704b |
Whether Fed. R. Evid. 704(b) precludes a government expert in a criminal case from opining that the defendant knowingly participated in the charged cr… |
| 21-6587 |
Marcus Termaine Darden v. United States |
Sixth Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process evidence expert-testimony gang-expert harmless-error hearsay hearsay-testimony sixth-circuit |
Did the Sixth Circuit Court of Appeals err by holding the district court's errors in admitting police 'gang expert' and other hearsay testimony were h… |
| 21-819 |
Baxter Corporation Englewood v. Becton, Dickinson and Company |
Federal Circuit |
2021-12-02 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2) |
administrative-procedure administrative-procedure-act expert-testimony inter-partes-review ordinary-remand-rule patent patent-challenge prior-art remand-rule statutory-interpretation |
Whether the Federal Circuit's practice of allowing IPR petitioners to rely on evidence other than patents and printed publications to fill in gaps in … |
| 21-6327 |
Frank Paul Ferrara v. Virginia |
Virginia |
2021-11-19 |
Denied |
Response WaivedIFP |
circuit-court civil-rights constitutional-rights due-process evidence-admission expert-testimony fair-trial free-exercise standing statutory-interpretation trial-procedure |
Should the petitioner's matter have been allowed to progress to a court-ordered trial since the respondent was incarcerated for exercising his constit… |
| 21-6314 |
Carl Alvin Cushing v. United States |
Tenth Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
criminal-trials evidence-evaluation expert-testimony federal-rule-of-evidence-702 federal-rules-of-evidence jury-function law-enforcement law-enforcement-experts percipient-witnesses prosecutorial-discretion |
Whether law enforcement expert testimony contradicting percipient witnesses satisfies Federal Rule of Evidence 702 |
| 21-6225 |
Edwin Guzman and Herzzon Sandoval v. United States |
First Circuit |
2021-11-10 |
Denied |
Response WaivedIFP |
accessory-after-fact accessory-after-the-fact circuit-split equipoise expert-testimony gatekeeping-function general-understanding mens-rea RICO-conspiracy RICO-predicate-offenses specific-understanding |
Whether the First Circuit misapplied RICO-conspiracy, RICO-predicate-offenses, general-understanding, specific-understanding, equipoise, accessory-aft… |
| 21-6211 |
Cubby Wayne Williams v. United States |
Ninth Circuit |
2021-11-08 |
Denied |
Response WaivedIFP |
brain-injury cognitive-deficits criminal-procedure due-process evidence expert-testimony good-faith mens-rea rule-702 traumatic-brain-injury willfulness |
Whether the district court committed reversible error by excluding expert evidence of the defendant's traumatic brain injury and its effects on his co… |
| 21-6039 |
Stanley Blair Hill v. Tennessee |
Tennessee |
2021-10-21 |
Denied |
Response WaivedIFP |
civil-rights due-process expert-testimony junk-science scientific-evidence strickland-prejudice |
Whether the trial court erred in admitting unreliable scientific testimony and evidence, in violation of the petitioner's due process rights |
| 21-550 |
Tyrone Christopher Thompson v. Alabama |
Alabama |
2021-10-14 |
Denied |
Response Waived |
14th-amendment affirmative-defense complete-defense due-process expert-testimony fourteenth-amendment meaningful-opportunity-to-present-defense mental-disease mental-disease-or-defect pre-trial-hearing |
Does precluding a defendant from presenting any evidence of an affirmative defense of mental disease or defect to a jury based solely on conflicting e… |
| 21-504 |
Joshua Eric Hawk Clark, aka Joshua Clark v. Mississippi |
Mississippi |
2021-10-05 |
Denied |
Response Waived |
due-process expert-testimony fourteenth-amendment judicial-reliability murder-conviction scientific-evidence scientific-reliability second-degree-murder shaken-baby-syndrome |
Does the Due Process Clause prohibit a conviction based on unreliable expert testimony? |
| 21-413 |
Infinity Computer Products, Inc. v. Oki Data Americas, Inc. |
Federal Circuit |
2021-09-15 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
35-usc-112 claim-construction claim-interpretation definiteness-standard expert-testimony indefiniteness patent patent-law patent-specification person-skilled-in-the-art prosecution-history |
Whether a patent claim is indefinite under § 112, ¶ 2, if conflicting positions about a claim term arise during the patent prosecution process, even i… |
| 21-5661 |
Raymond Moya v. United States |
Tenth Circuit |
2021-09-14 |
Denied |
Response WaivedIFP |
causation causation-of-death criminal-law criminal-procedure drug-distribution evidence evidence-suppression expert-testimony motion-in-limine motion-to-dismiss |
Whether the District Court erred in denying Moya's Motion to Dismiss Count 2 |
| 21-366 |
Michael Jones v. United States |
Fifth Circuit |
2021-09-08 |
Denied |
Response Waived |
criminal-intent criminal-prosecution due-process expert-testimony fifth-circuit fraud medicare-fraud medicare-regulations sufficiency-of-evidence |
Are the Medicare rules, regulations, and policies controlling in a criminal prosecution under 18 U.S.C. § 1347 |
| 21-367 |
Paula Jones v. United States |
Fifth Circuit |
2021-09-08 |
Denied |
Response Waived |
criminal-intent due-process expert-testimony fifth-circuit medicare-fraud medicare-rules prosecutorial-misconduct sufficiency-of-evidence |
Questions Presented |
| 21-5535 |
Timothy Marcus Mayberry v. Indiana |
Indiana |
2021-08-30 |
Denied |
Response WaivedIFP |
compulsory-process cronic due-process expert-testimony fifth-amendment fourteenth-amendment sixth-amendment |
Is the Indiana state appellate court's opinion that its trial court did not abuse its discretion when, over multiple objections, it permitted surprise… |
| 21-288 |
Lancy White, Jr. v. United States |
Eleventh Circuit |
2021-08-26 |
Denied |
Response Waived |
computer-forensics criminal-procedure cronic-standard e-mail-evidence email-manipulation expert-testimony federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missing-evidence strickland-standard |
Whether trial counsel was ineffective for failing to file proper notice under F.R.Cr.P. 16 to present expert testimony on computer operations and miss… |
| 21-5492 |
Marcus Phillips v. United States |
Fifth Circuit |
2021-08-26 |
Denied |
Response WaivedIFP |
civil-procedure drug-agent-testimony drug-enforcement expert-testimony first-impression legal-admissibility mental-acuity perceptive-ability witness-credibility |
Whether expert testimony about mental acuity is admissible to show a person's ability to observe and to act to exercise dominion and control over a ho… |
| 21-277 |
Betty E. Smith, as Attorney-In-Fact for Paul C. Smith, Individually and on Behalf of the ERISA-Covered Plan v. HPR Clinic, LLC, et al. |
Sixth Circuit |
2021-08-25 |
Denied |
|
daubert-standard district-court evidentiary-procedure expert-testimony federal-rules-of-evidence judicial-appointment methodology methodology-standards rule-706 |
Whether an expert appointed by agreement of the parties by a District Court under Federal Rule of Evidence 706 must employ methodology that is general… |
| 21-241 |
Monsanto Company v. Edwin Hardeman |
Ninth Circuit |
2021-08-18 |
Denied |
CVSGAmici (8)Response RequestedResponse WaivedRelisted (4) |
daubert-standard epa-approval expert-testimony failure-to-warn federal-insecticide-fungicide-and-rodenticide-act fifra-preemption herbicide-regulation preemption state-law-claims |
Whether FIFRA preempts a state-law failure-to-warn claim |
| 21-5301 |
Justin Lane Foust v. United States |
Tenth Circuit |
2021-08-05 |
Denied |
Response WaivedIFP |
daubert daubert-standard expert-testimony federal-rules-of-evidence forensic-evidence general-acceptance handwriting-analysis handwriting-comparison judicial-reliability kumho-tire scientific-methodology |
Can the admissibility of expert testimony about the supposed author of a forged writing be upheld on a record that shows little (if anything) more tha… |
| 21-5278 |
Kevin T. Heard v. Illinois |
Illinois |
2021-08-03 |
Denied |
Response WaivedIFP |
14th-amendment 6th-amendment brady-v-maryland civil-rights constitutional-rights due-process exculpatory-evidence expert-testimony fair-trial sixth-amendment strickland-v-washington |
Whether the defendant's Sixth Amendment and Fourteenth Amendment due process rights were violated when his attorney was 'not functioning as counsel' d… |
| 21-5208 |
Samuel W. Wani v. George Fox University, et al. |
Ninth Circuit |
2021-07-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion causation discovery discovery-violation expert-testimony fair-trial insurance-policy medical-malpractice medical-records standard-of-care |
Wani's failure to provide expert testimony regarding the standard of care and causation |
| 21-5082 |
Benjamin Michael Dubay v. Stephen King, et al. |
Eleventh Circuit |
2021-07-13 |
Denied |
Response WaivedRelisted (2)IFP |
aggregation-of-traits character-protection character-traits comic-book-characters constitutional-rights copyright-infringement copyright-law copyright-protection expert-testimony fact-question jury-determination |
Whether comic book characters are protected independently from the copyrighted work due to their original and consistent aggregation of traits |
| 21-5095 |
Melissa Elizabeth Lucio v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-13 |
Denied |
Amici (2)IFP |
arbitrary-exclusion civil-rights criminal-procedure due-process evidence-exclusion evidentiary-standards expert-testimony false-confession right-to-defense right-to-present-defense |
Whether the exclusion of defense evidence that could have cast doubt on the defendant's false confession violated the defendant's clearly established … |
| 21-5048 |
Wesley Lynn Ruiz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-07-08 |
Denied |
IFP |
capital-punishment capital-sentencing certificate-of-appealability due-process eighth-amendment expert-testimony expert-witness false-testimony prosecutorial-misconduct |
Should the prosecution be held responsible for presenting false expert testimony at a capital sentencing trial? |
| 21-5032 |
Paris Poe v. United States |
Seventh Circuit |
2021-07-07 |
Denied |
Response WaivedIFP |
daubert daubert-standard evidence evidence-admissibility expert-testimony feature-comparison federal-rules-of-evidence reliability-standard scientific-methodology scientific-reliability subjective-feature-comparison |
Whether Daubert v. Merrell Dow Pharmaceuticals, Inc. and Federal Rule of Evidence 702 require lower courts to properly analyze the admissibility of ev… |
| 21-5 |
Solomon Adu-Beniako v. Michigan Department of Licensing and Regulatory Affairs |
Michigan |
2021-07-06 |
Denied |
Response Waived |
administrative-law cdc-guidelines civil-rights constitutional-rights defamation due-process expert-testimony government-liability judicial-review standing substantial-evidence |
Does the Respondent's unfairly tasking, and blaming the Petitioner for the DOJ/DEA responsibility violate the Petitioner's Constitutional rights? |
| 20-8467 |
Cyrus Casby v. United States |
Fifth Circuit |
2021-07-01 |
Denied |
Response WaivedIFP |
chain-of-custody civil-rights constitutional-standards criminal-procedure dna-evidence due-process evidence-contamination expert-qualification expert-testimony scientific-procedure testing-guidelines |
Whether the contaminated exonerating evidence was misused to convict |
| 20-8424 |
James Erik Godiksen v. United States |
Second Circuit |
2021-06-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure expert-testimony harmless-error judicial-discretion jury-instructions jury-note prejudice trial-procedure |
Did the Court of Appeals improperly conclude that the District Court's mishandling of a jury note and replaying only a portion of the defense expert's… |
| 20-8426 |
Bin Yang v. California Board of Registered Nursing |
California |
2021-06-24 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-law civil-rights constitutional-rights due-process equal-protection expert-testimony government-agency government-misconduct licensing-board standing |
Why is Petitioner NOT ALLOWED to withdraw her application from a nursing-board |
| 20-8428 |
Joseph George v. M. Eliot Spearman, Warden, et al. |
Ninth Circuit |
2021-06-24 |
Denied |
IFP |
confrontation-clause criminal-procedure due-process evidence expert-testimony sixth-amendment |
Whether the evidence and expert testimony presented at trial was sufficient to satisfy the Confrontation Clause of the Sixth Amendment |
| 20-8404 |
Andre Brown and Anthony Wilson v. United States |
Ninth Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
circuit-split coded-language drug-jargon expert-testimony federal-rules-of-evidence law-enforcement-testimony lay-witness rule-701 |
Whether government agents can testify solely as lay witnesses under Rule 701 of the Federal Rules of Evidence |
| 20-8307 |
Lamar McKnight v. Josie Gastelo, Warden |
Ninth Circuit |
2021-06-15 |
Denied |
Response WaivedIFP |
confrontation-clause cross-examination due-process evidence expert-testimony gang-enhancement gang-expert jury-instruction natural-probable-consequences right-to-confront testimonial-hearsay |
Should a COA have been granted to decide if the trial court's admission of the gang expert's testimonial hearsay deprived McKnight of his right to con… |
| 20-1692 |
Henry Evans v. United States |
Fifth Circuit |
2021-06-07 |
Denied |
Response Waived |
administrative-law criminal-procedure criminal-prosecution expert-testimony health-care-fraud healthcare-fraud medicaid medicare medicare-regulations statutory-interpretation |
Whether Medicare regulations are controlling in a criminal prosecution under 18 U.S.C. § 1347 |
| 20-8235 |
Kory Christian Pedersen v. Oregon Board of Parole and Post-Prison Supervision |
Ninth Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
expert-testimony ineffective-assistance ineffective-assistance-of-counsel ninth-circuit post-conviction post-conviction-review self-defense sixth-amendment trial-counsel |
Was Mr. Pedersen denied the effective assistance of counsel guaranteed by the Sixth Amendment? |
| 20-8037 |
Quintin Phillippe Jones v. Texas |
Texas |
2021-05-17 |
Denied |
IFP |
atkins-v-virginia constitutional-law death-penalty due-process expert-testimony fourteenth-amendment habeas-corpus intellectual-disability retroactive-rule retroactivity |
Does Moore v. Texas establish a new retroactive rule of constitutional law? |
| 20-8004 |
L. M. C. v. West Virginia |
West Virginia |
2021-05-12 |
Denied |
Response WaivedIFP |
brady-violation cause-of-death child-endangerment due-process expert-testimony failure-to-provide-necessities judgment-of-acquittal motion-for-judgment-of-acquittal murder murder-of-a-child w-va-code-61-8d-2a |
Is it a violation of due process for a trial court to deny a motion for judgment of acquittal when there is no proof of cause of death in a prosecutio… |
| 20-7971 |
Derek A. Rivera v. Connie Horton, Warden |
Sixth Circuit |
2021-05-11 |
Denied |
Response WaivedIFP |
criminal-procedure directed-verdict due-process expert-testimony fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instructions murder-conviction sufficiency-of-evidence |
Whether the defendant was denied a fair trial due to improper other-acts evidence |
| 20-7953 |
Alena Aleykina v. United States |
Ninth Circuit |
2021-05-07 |
Denied |
Response WaivedIFP |
criminal-intent due-process evidence expert-testimony fifth-amendment legal-separation prosecutorial-misconduct sixth-amendment |
Was it fair to affirm 18-U.S.C-1519-charge |
| 20-7874 |
Ted A. McCracken v. R.J. Reynolds Tobacco, et al. |
Third Circuit |
2021-04-28 |
Denied |
Response WaivedIFP |
7th-amendment causation-evidence civil-rights expert-testimony jury-trial pro-se-plaintiff pulmonologist-analysis seventh-amendment summary-judgment tobacco-litigation |
Was it not a denial of petitioner's 7th Amendment right to jury trial |
| 20-7840 |
Thomas Robert Lane v. Alabama |
Alabama |
2021-04-26 |
Denied |
IFP |
capital-case constitutional-rights criminal-procedure due-process eighth-amendment expert-testimony fair-trial reliable-conviction reliable-sentence |
In a capital case, does the admission of expert testimony from a witness regarding a subject outside his area of expertise violate a defendant's Fifth… |
| 20-7824 |
Amin Ricker v. United States |
Eighth Circuit |
2021-04-22 |
Denied |
Response WaivedIFP |
criminal-procedure due-process expert-testimony notice rebuttal trial |
Does Due Process require an expert's findings and conclusions be provided to Defendant with sufficient notice before trial to effectively rebut the op… |
| 20-7833 |
In Re Demarcus Wright |
|
2021-04-22 |
Denied |
IFP |
dna-evidence dna-match due-process expert-testimony expert-witness false-evidence false-testimony habeas-corpus inconclusive-evidence judicial-review perjured-testimony prosecutorial-misconduct |
Has prejudice been shown where the prosecuting attorney allowed false evidence and inaccurate information to go uncorrected? |
| 20-7774 |
Kevin Johnson v. Texas |
Texas |
2021-04-16 |
Denied |
Response WaivedIFP |
appellate-review civil-rights confrontation-clause criminal-procedure double-standard due-process evidentiary-standard expert-testimony forensic-evidence ineffective-assistance post-conviction |
Whether the court of appeal erred in allowing the use of statements of unaddressed witnesses as basis for expert opinions and presenting their finding… |
| 20-7552 |
Hugo Rufino Alvarez-Reyes v. Brad Cain, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2021-03-24 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights due-process equal-protection expert-testimony first-amendment fourteenth-amendment free-speech ineffective-assistance sixth-amendment standing witness-credibility |
Whether the lower court erred in dismissing petitioner's claims alleging violations of the First Amendment and the Equal Protection Clause |
| 20-1240 |
Francisco Javier Palillero v. United States |
Tenth Circuit |
2021-03-09 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
criminal-procedure discovery-sanctions dna-evidence expert-testimony right-to-defense right-to-present-defense rule-16 sixth-amendment |
Whether precluding a criminal defendant's DNA rebuttal expert testimony as a Rule 16(d)(2) sanction for a non-willful violation is compatible with the… |
| 20-6914 |
Ryan Clark Petersen v. Alabama |
Alabama |
2021-01-26 |
Denied |
IFP |
buchanan-v-kentucky capital-trial criminal-procedure due-process estelle-v-smith expert-testimony fifth-amendment mental-health-evaluation psychological-evaluation self-incrimination |
Where a court-appointed mental health expert assures a criminal defendant that the evidence gathered in his psychological evaluation will not be used … |
| 20-6951 |
Julio Torres Palomo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-26 |
Denied |
IFP |
criminal-procedure due-process evidence-sufficiency expert-testimony hearsay hearsay-objection indictment indictment-insufficiency jury-instructions sexual-abuse sufficiency-of-evidence |
Question not identified |
| 20-998 |
Mama Jo’s, Inc., dba Berries v. Sparta Insurance Company |
Eleventh Circuit |
2021-01-26 |
Denied |
Amici (1) |
all-risk-insurance all-risk-policy causation-expert construction-damage daubert-standard direct-physical-loss expert-testimony insurance-coverage |
Whether construction dust and debris damage to covered property constitutes 'direct physical loss' under an all-risk insurance policy |
| 20-6799 |
Kosoul Chanthakoummane v. Texas |
Texas |
2021-01-08 |
Denied |
IFP |
bitemark-identification criminal-procedure dna-analysis dna-evidence due-process expert-testimony eyewitness-identification eyewitness-testimony forensic-evidence scientific-evidence trial-fairness |
Is Petitioner's conviction the product of a fundamentally unfair trial that was prejudiced by the admissibility of flawed forensic scientific evidence… |
| 20-6745 |
Demetrius Elishakim Jefferson v. United States |
Eighth Circuit |
2020-12-31 |
Denied |
Relisted (2)IFP |
18-usc-3742 404b-evidence attempt-offenses auer-deference circuit-split controlled-substance-offense criminal-procedure expert-testimony sentencing-guidelines |
Whether this Court should resolve a Split among the Circuits and find a District Court's use of Application note 1 to U.S.8.G. § 4B1.2, which purports… |
| 20-833 |
William Todd Coontz v. United States |
Fourth Circuit |
2020-12-21 |
Denied |
Response Waived |
criminal-procedure criminal-tax-prosecution expert-testimony expert-witness-exclusion foundation sentencing-guidelines state-of-mind tax-knowledge tax-prosecution willfulness willfulness-standard witness-testimony |
Was it reversable error for the trial court to exclude the Petitioner's/Coontz's key witness — the CPA expert — from testifying in a criminal tax pros… |
| 20-6545 |
Michael Meadows v. United States |
Sixth Circuit |
2020-12-07 |
Denied |
Response WaivedIFP |
criminal-procedure cumulative-error-doctrine drug-enforcement drug-profile-testimony due-process evidence expert-testimony judicial-procedure legal-admissibility trial-evidence trial-practice |
Does drug profile testimony have any legitimate use as trial evidence? |
| 20-721 |
Katie Garding v. Montana |
Montana |
2020-11-24 |
Denied |
Response Waived |
6th-amendment accident-reconstruction effective-assistance-of-counsel expert-testimony ineffective-assistance professional-norms sixth-amendment strickland-standard strickland-v-washington |
Whether trial counsel's failure to consult and call an expert witness in the field of accident reconstruction was objectively unreasonable under preva… |
| 20-6141 |
David William Smith v. United States |
Fourth Circuit |
2020-10-27 |
Denied |
Response WaivedIFP |
burden-of-proof confrontation-clause evidence-rule-701 expert-testimony hearsay-evidence law-enforcement-testimony lay-opinion professional-experience rule-701 rule-702 testimonial-hearsay |
When can law enforcement officers offer lay opinions based on professional experience? |
| 20-533 |
Jeffrey Boudreau, as Personal Representative of the Estate of Wendy Boudreau v. Shaw's Supermarkets, Inc. |
First Circuit |
2020-10-22 |
Denied |
Response Waived |
business-invitee daubert daubert-standard expert-testimony foreseeability kumho premises-liability rule-702 summary-judgment |
Whether foreseeability of harm is a factual issue for the jury in a premises liability case |
| 20-436 |
Thomas Haugabook v. Walter Bery, Warden |
Georgia |
2020-10-06 |
Denied |
Response Waived |
child-molestation child-testimony criminal-defense expert-testimony forensic-interview habeas habeas-corpus ineffective-assistance strickland-standard strickland-v-washington |
Did the Habeas Court err in not finding that trial counsel was ineffective under Strickland v. Washington, 466 U.S. 668 (1984) when counsel failed to … |
| 20-5866 |
Shawn Kristi Dicken v. Shawn Brewer, Warden |
Sixth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
brady-material brady-v-maryland constitutional-amendments criminal-procedure discovery due-process evidence exculpatory-evidence expert-testimony prosecutorial-misconduct |
Was petitioner denied discovery pursuant to Brady v. Maryland 373 U.S. 83 violating her V, VI and XIV Const. Amends.? |
| 20-5870 |
Demarcus Clark v. Darrel Vannoy, Warden |
Fifth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
confrontation-clause constitutional-rights criminal-procedure dna-analysis due-process evidence expert-testimony sixth-amendment |
Did the State's admission of the ill-court testimony and OWA report of a Surrogate DWA analyst in lieu of the actual testing DWA analyst and DWA repor… |
| 20-5682 |
Simon F. Ranteesi v. Eric Arnold, Warden |
Ninth Circuit |
2020-09-14 |
Dismissed |
Response WaivedIFP |
civil-rights constitutional-rights due-process expert-testimony fair-trial ineffective-counsel jury-instructions medical-malpractice mental-state prosecutorial-misconduct |
Question not identified |
| 20-5633 |
Darren M. Rowe v. Harold W. Clarke, Director, Virginia Department of Corrections |
Fourth Circuit |
2020-09-09 |
Denied |
IFP |
actual-innocence daubert-standard district-court due-process evidence-analysis expert-testimony habeas-corpus judicial-discretion legal-error new-evidence schlup-v-delo standard-of-review |
Whether the district court committed legal error when it determined that the newly presented evidence does not qualify for consideration under the act… |
| 20-5572 |
Michael Aaron Witkin v. Mariana Lotersztain, et al. |
Ninth Circuit |
2020-09-02 |
Denied |
Response WaivedRelisted (2)IFP |
cruel-and-unusual-punishment deliberate-indifference eighth-amendment expert-testimony medical-care prison-conditions summary-judgment |
Whether expert medical testimony is necessary to survive summary judgment in an Eighth Amendment deliberate indifference claim |
| 20-232 |
Robert Anderson v. Teri Kennedy |
Seventh Circuit |
2020-08-27 |
Denied |
Amici (1)Response Waived |
constitutional-rights due-process evidence-exclusion expert-testimony eyewitness-identification holmes-precedent holmes-v-south-carolina state-rule |
Whether this Court's decision in Holmes v. South Carolina, 547 U.S. 319 (2006, clearly establishes that a defendant's due process right to present evi… |
| 20-5204 |
Lyudmila Lerner v. Stanley Cowen |
California |
2020-07-29 |
Denied |
IFP |
civil-procedure evidence expert-testimony expert-witness fact-witness medical-testimony procedural-rules treating-physician witness-designation |
Whether a treating physician can testify as a fact witness absent an expert designation |
| 20-5183 |
Keith Hoglund v. Ron Neal, Warden |
Seventh Circuit |
2020-07-27 |
Denied |
Response WaivedIFP |
constitutional-amendments constitutional-rights due-process expert-testimony fourteenth-amendment harmless-error hearsay-evidence procedural-rights sixth-amendment |
Whether the lower court(s) violated Keith Hoglund's substantive and procedural due process rights |
| 20-52 |
Yeitza Marie Aponte-Bermudez v. Eligio Colón, et al. |
First Circuit |
2020-07-22 |
Denied |
Response Waived |
civil-procedure due-process expert-testimony federal-courts judgment-as-a-matter-of-law jury-evaluation jury-trial law-of-the-case rule-50 |
May a federal district court consistent with the law-of-the-case doctrine grant judgment as a matter of law under Fed. R. Civ. P. 50(a) to respondents… |
| 19-1421 |
Michael Wilford LaFlamme v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-06-25 |
Denied |
Relisted (2) |
6th-amendment bias constitutional-rights criminal-procedure due-process evidence evidence-admission expert-testimony judicial-discretion jury-selection jury-selection-bias law-enforcement law-enforcement-bias trial-procedure voir-dire |
Was Petitioner Prejudiced When Several Prospective Jurors Withheld Crucial Information Pertaining To Employment As Law Enforcement When Asked During V… |
| 19-8497 |
Christopher Lyman v. Kansas |
Kansas |
2020-05-19 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-defendant due-process expert-testimony first-amendment fourteenth-amendment medical-expert religious-discrimination sixth-amendment |
Whether a court can deny a criminal defendant his medical expert, who's expert testimony is critical to a material fact in dispute, and base this deni… |
| 19-1256 |
Jennifer Mae Levin v. Florida |
Florida |
2020-04-30 |
Denied |
Response Waived |
cause-of-death confrontation-clause criminal-procedure due-process dui-manslaughter expert-testimony medical-records sixth-amendment |
Whether the prosecution can meet its burden of proving cause of death through the testimony of a hospitalist who did not treat the alleged victim and … |
| 19-8227 |
Joshua Dwayne Carrier v. Colorado |
Colorado |
2020-04-09 |
Rehearing |
Response WaivedRelisted (2)IFP |
4-year-old-transaction 4th-amendment 4th-amendment-violation constitutional-rights double-jeopardy expert-testimony fourth-amendment probable-cause search-warrant stale-information |
Was the search warrant for Mr. Carrier's home and computers relying on a single transaction from four years earlier based upon stale information and l… |
| 19-8097 |
Jay Eugene Reed v. United States |
Third Circuit |
2020-03-24 |
Denied |
Response WaivedIFP |
appellate-review criminal-rule-52(b) criminal-rule-52b evidence-rule-103 expert-testimony forfeiture plain-error plain-error-review sentencing sentencing-procedure |
Whether the Court of Appeals erred in treating the evidentiary issue as forfeited and subject to only plain error review under Evidence Rule 103 and C… |
| 19-7946 |
Dirk Greineder v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
confrontation-clause dna-evidence dna-testing expert-testimony laboratory-analysis scientific-evidence sixth-amendment substitute-analyst substitute-analysts targeted-accusation |
Does the Confrontation Clause prohibit an expert prosecution witness from testifying at a jury trial to the results of DNA tests |
| 19-1065 |
Teresa Ann Johnson v. Alaska |
Alaska |
2020-02-28 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
confrontation-clause criminal-procedure expert-testimony forensic-evidence lab-report sixth-amendment surrogate-expert testimonial-evidence |
Whether the Confrontation Clause prohibits the prosecution from introducing into evidence at trial a certified lab report reflecting statements of non… |
| 19-7652 |
Steven Craig Whyte v. United States |
Sixth Circuit |
2020-02-12 |
Denied |
Response WaivedIFP |
common-sense common-sense-topics daubert daubert-standard drug-enforcement drug-experts evidence-admissibility expert-testimony jury-instructions kumho-tire |
Whether this Court's Daubert/Kumho Tire jurisprudence bars presentation of law-enforcement agent 'drug experts' testifying regarding plain-English exc… |
| 19-7636 |
Gerald W. Eiland v. United States |
District of Columbia |
2020-02-11 |
Denied |
Response WaivedIFP |
6th-amendment auto-shop-business certificate-of-appealability effective-assistance-counsel expert-testimony franks-challenge ineffective-assistance-of-counsel informant pen-register section-2255 sixth-amendment wiretap-challenge wiretaps |
Did the district court abuse its discretion in denying Eiland's motion Pursuant to 28 USC Section 2255 without a hearing? |
| 19-7590 |
David K. Howell v. Shawn Hatton, Warden |
Ninth Circuit |
2020-02-07 |
Denied |
Response WaivedIFP |
certificate-of-appealability closing-argument criminal-procedure due-process expert-testimony habeas habeas-corpus ineffective-assistance-of-counsel intoxication methamphetamine methamphetamine-intoxication sixth-amendment |
Is the Ninth Circuit's denial of a COA on Howell's ineffective-assistance-of-counsel claim contrary to this Court's jurisprudence? |
| 19-7473 |
Milon Jarr Brown v. Michigan |
Michigan |
2020-01-29 |
Denied |
IFP |
civil-rights confrontation-clause constitutional-rights discretion due-process expert-testimony fifth-amendment hearsay judicial-bias photographic-evidence prosecutorial-misconduct self-incrimination sixth-amendment |
Was the petitioner denied a meaningful opportunity to present a complete defense? |
| 19-7477 |
Raul Mejia v. United States |
Ninth Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure due-process expert-testimony fair-trial fourth-amendment franks-hearing search-and-seizure trial-fairness warrant warrant-validity |
Was petitioner's truck illegally searched due to an invalid warrant? Was petitioner improperly denied a Franks hearing? Did Officer Carbajal testify a… |
| 19-7367 |
Adalberto Magana-Gonzalez v. United States |
Ninth Circuit |
2020-01-22 |
Denied |
Response WaivedIFP |
border-patrol confrontation-clause drug-smuggling expert-testimony hearsay prejudicial-error sixth-amendment witness-testimony |
Whether the district court committed prejudicial error under the Sixth Amendment when it permitted a DEA agent to tell the jury what a Border Patrol a… |
| 19-7149 |
Guillermo Herrera v. United States |
Ninth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
admissibility circuit-split daubert-standard daubert-v-merrell-dow expert-testimony eyewitness-identification federal-rules-of-evidence jury-instructions scientific-evidence |
Whether expert testimony on eyewitness identification should be treated differently than other expert testimony |
| 19-7109 |
J'Veil Outing v. Miguel A. Cardona, Commissioner, Connecticut Department of Correction |
Connecticut |
2019-12-31 |
Denied |
Response WaivedIFP |
appeal appellate-record due-process expert-testimony eyewitness-identification eyewitness-testimony ineffective-assistance precedent right-to-counsel sixth-amendment |
Whether assigned counsel violated the defendant's Sixth Amendment right to counsel and his right to due process |
| 19-7133 |
Angel Noel Guevara v. United States |
Ninth Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
brady-v-maryland cross-examination due-process expert-testimony eyewitness-identification eyewitness-testimony independent-evidence police-lineup rule-403 sixth-amendment sixth-amendment-right-to-present-defense |
Whether excluding expert testimony on eyewitness memory and police lineup procedures violates the Sixth Amendment right to present a defense, or const… |
| 19-7018 |
Scott Ray Bishop v. United States |
Tenth Circuit |
2019-12-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process evidence expert-testimony personal-knowledge structural-error technical-element testimony |
Whether the exclusion of a defendant's testimony based on first-hand, personal knowledge of a technical element of the offense charged is structural e… |
| 19-740 |
Kayla Butts, Individually and on Behalf of Her Daughter, A. F., a Minor v. United States |
Fourth Circuit |
2019-12-11 |
Denied |
Response Waived |
appellate-review civil-procedure civil-procedure-52a evidence-consideration expert-testimony fact-finding federal-rules-of-civil-procedure federal-tort-claims-act medical-malpractice standard-of-care standard-of-review trial-court-deference |
Did the Appellate court violate Federal Rules of Civil Procedure 52(a) when it failed to consider all of the evidence before the trial court, inserted… |
| 19-6875 |
Travis Trevino Runnels v. Texas |
Texas |
2019-12-06 |
Denied |
IFP |
circuit-split constitutional-rights death-penalty due-process expert-testimony expert-witness false-expert-testimony false-testimony prosecution-misconduct prosecutorial-misconduct texas-death-penalty |
Whether the use of false expert testimony to obtain a death sentence violates due process, regardless of the prosecution's knowledge of the falsity |
| 19-6819 |
Frankie Ovies v. United States |
Ninth Circuit |
2019-12-03 |
Denied |
Response WaivedIFP |
cell-phone-evidence cell-phones circuit-split criminal-procedure digital-evidence digital-forensics expert-testimony federal-rules-of-evidence forensic-technology lay-testimony |
Whether using Cellebrite technology to download forensic digital evidence from a cell phone requires specialized or technical knowledge so that the ev… |
| 19-6610 |
Mario Alberto Rubi v. United States |
Ninth Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
court-of-appeals criminal-procedure door-doctrine evidence expert-testimony fingerprint-evidence fingerprints open-door-doctrine open-the-door precedent standard-of-review unknowing-courier |
Whether the court of appeals erred in finding Mr. Rubi opened the door to expert testimony regarding unknowing couriers |
| 19-6567 |
Danny Lee Hill v. Ohio |
Ohio |
2019-11-08 |
Denied |
IFP |
bite-mark-evidence constitutional-rights conviction death-penalty death-sentence due-process expert-testimony fair-trial habeas-corpus scientific-evidence |
Whether a murder conviction and death sentence based on now recognized debunked unscientific evidence violates a petitioner's constitutional rights to… |
| 19-6506 |
Joshua Jake White v. Mark Nooth, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2019-11-05 |
Denied |
Response WaivedIFP |
credibility credibility-contest criminal-procedure expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief prevailing-professional-norm professional-norm sixth-amendment |
Whether a court evaluating the reasonableness of trial counsel's failure to make a meritorious challenge under the Sixth Amendment may disregard evide… |
| 19-578 |
Sandra G. Hale v. United States, et al. |
Fifth Circuit |
2019-11-04 |
Denied |
Response Waived |
administrative-law chemical-burns chemical-exposure expert-testimony federal-tort-claims-act medical-malpractice pesticide-regulations pesticide-usage veterans-affairs |
Whether an expert Toxicologist can testify regarding chemical burns |
| 19-6478 |
Abdul King Garba, et al. v. United States |
Ninth Circuit |
2019-11-01 |
Denied |
Response WaivedIFP |
apprendi-standard apprendi-v-new-jersey criminal-procedure evidence expert-testimony jackson-v-virginia kumho-tire ninth-circuit restitution sufficiency-of-evidence sufficient-evidence supreme-court-precedent weight-vs-admissibility |
Whether the Ninth Circuit Memorandum conflicted with this Court's decisions (e.g., Kumho Tire) regarding whether unreliability of an expert's testimon… |
| 19-6403 |
Davin D. Crenshaw, aka Davon D. Crenshaw v. Texas |
Texas |
2019-10-29 |
Denied |
IFP |
civil-rights criminal-procedure due-process evidence expert-testimony hearsay mental-health sexual-assault victim-impact |
Whether the statements made by the expert (SANE) beyond the scope of a SANE examination would be considered hearsay of the same examination from the S… |
| 19-6393 |
Jean-Paul Gamarra v. United States |
District of Columbia |
2019-10-24 |
Denied |
Response WaivedIFP |
civil-rights competency criminal-competency criminal-procedure due-process expert-testimony involuntary-medication involuntary-treatment mental-health psychiatric-testimony trial-fairness |
Whether the Constitution permits the government to satisfy the Sell requirements based on testimony from a prison psychiatrist who did not examine, or… |
| 19-6352 |
James Byron Coon v. Mark Nooth, Superintendent, Snake River Correctional Institution |
Ninth Circuit |
2019-10-23 |
Denied |
Response WaivedIFP |
cause-of-death certificate-of-appealability exhaustion expert-opinion expert-testimony habeas-corpus ineffective-assistance-of-counsel miller-el-v-cockrell state-postconviction vasquez-v-hillery |
Whether a Court of Appeals' denial of a certificate of appealability conflicts with this Court's rulings in Vasquez v. Hillery and Miller-El v. Cockre… |
| 19-6294 |
Alexander Mattei v. Sean Medeiros, Superintendent, Massachusetts Correctional Institution at Norfolk |
First Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure dna-evidence due-process evidence expert-testimony hearsay sixth-amendment surrogate-analyst testimonial-evidence testimonial-hearsay trial-procedure |
Whether there is ability to cross-examine a surrogate analyst at a jury trial who had used another's certified and testimonial DNA results ipse dixit,… |
| 19-6277 |
Mario Ruvalcaba-Garcia v. United States |
Ninth Circuit |
2019-10-16 |
Denied |
IFP |
appellate-review circuit-split daubert daubert-standard evidentiary-reliability expert-testimony harmless-error judicial-gatekeeping make-initial-daubert-decision relevance-and-reliability remand remand-for-new-trial standard-of-review |
When a trial court errs by failing to exercise its 'gatekeeping' role of determining whether expert testimony is relevant and reliable under Daubert v… |
| 19-6179 |
Jesus Felix-Heras v. United States |
Ninth Circuit |
2019-10-07 |
Denied |
Response WaivedIFP |
computer-forensics confrontation-clause criminal-procedure database-search evidence-admissibility expert-testimony fingerprint-analysis forensic-evidence search-algorithm sixth-amendment |
Whether admission of the results of a search of computer fingerprint database, which the record shows to be identical to fingerprint analysis done by … |
| 19-6150 |
Chad M. Cutler v. Illinois |
Illinois |
2019-10-03 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-procedure civil-procedure civil-rights criminal-procedure due-process evidence evidentiary-rules expert-testimony hearsay hearsay-statements prosecutorial-misconduct standards-of-review supreme-court-conflict |
Whether the Illinois Appellate Court and Illinois Supreme Court erred in their rulings on the admissibility of hearsay statements, the proper standard… |
| 19-6064 |
Tommy Cole v. R. J. Rackley, Warden |
Ninth Circuit |
2019-09-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process evidence expert-testimony ineffective-assistance ineffective-assistance-of-counsel kelly-hearing sixth-amendment videographic-evidence |
Whether a Kelly hearing was required to test the reliability of the process used to create the videotape of still photographs originally recorded on a… |
| 19-5895 |
Lavar Eady v. Massachusetts |
Massachusetts |
2019-09-10 |
Denied |
Response WaivedIFP |
chemical-composition confrontation-clause criminal-procedure due-process evidence expert-testimony forensic-evidence lab-testing substitute-analyst testimonial-hearsay truth-of-the-matter |
Whether the Confrontation Clause prohibits a substitute state analyst from testifying at trial as to the composition of a seized substance obtained as… |
| 19-5844 |
James Arthur Ross v. John Myrick, Superintendent, Two Rivers Correctional Institution, et al. |
Ninth Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
9th-circuit-ruling civil-procedure civil-rights constitutional-rights district-court-error due-process evidence expert-testimony precedent pro-se-litigant standing summary-judgment |
Did the District Court error in determining that a 9th Circuit Appellate ruling from almost two decades ago in Bahrampour v. Lampert, 356 F.3d 969, 97… |
| 19-5769 |
Daniel J. Whitt v. Michele Buckner, Warden |
Eighth Circuit |
2019-08-30 |
Denied |
IFP |
burden-of-proof due-process expert-testimony eyewitness-identification ineffective-assistance-of-counsel line-up-procedure lineup-procedures police-procedure trial-strategy |
Whether the trial attorney's pre-trial failure to secure an expert witness on eyewitness identification, which was the key piece of evidence that ulti… |
| 19-216 |
Harold Persaud v. United States |
Sixth Circuit |
2019-08-19 |
Denied |
Response Waived |
certificate-of-appealability criminal-procedure daubert-standard district-court-opinion district-court-review due-process expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judgment-of-conviction merits-review motion-to-vacate standard-of-review |
Whether Reasonable Jurists Could Debate the Denial of Petitioner's Motion to Vacate and Set Aside his Judgment of Conviction |
| 19-5263 |
Miah Stroud v. Shawn Brewer, Warden |
Sixth Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
constitutional-right-to-defense constitutional-rights criminal-conviction criminal-procedure due-process expert-testimony expert-witness felonious-assault insufficient-evidence misidentification police-influence prosecutorial-evidence prosecutorial-misconduct second-degree-murder sufficiency-of-evidence witness-identification |
Did the courts erroneously deny Ms. Stroud's constitutional right to due process when she was convicted of second degree murder and three counts of fe… |
| 19-101 |
Imperium IP Holdings (Cayman), Ltd. v. Samsung Electronics Co., Ltd., et al. |
Federal Circuit |
2019-07-19 |
Denied |
Amici (2)Response Waived |
appellate-review burden-of-proof credibility-determinations credibility-of-witnesses expert-testimony jury-trial jury-trial-rights jury-verdict patent-infringement patent-invalidity patent-validity seventh-amendment standard-of-review |
Whether an appellate court may reverse a jury verdict based on its own view that expert testimony was credible, 'unrebutted,' and 'uncontradicted,' or… |
| 19-5178 |
Howard Lester v. Ohio |
Ohio |
2019-07-15 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure essential-element expert-testimony firearms-examination fourth-amendment prosecutor-summation report-admission seizure substitute-analyst summation witness-testimony |
Whether the admission of a non-testifying firearms examiner's report and substitute analyst testimony violated the Confrontation Clause |
| 19-60 |
Cora Kerton v. Society Hill at Droyers Point Condominium Association, et al. |
New Jersey |
2019-07-11 |
Denied |
|
abuse-of-discretion civil-procedure condominium-act condominium-law expert-report expert-testimony liability-coverage negligence net-opinion-rule new-jersey-appellate-court new-jersey-trial-court snow-removal standard-of-review summary-judgment |
Whether there was engagement in abuse of discretion and misapplication of the summary judgment standard |
| 18-9700 |
Daniel Gatson v. United States |
Third Circuit |
2019-06-18 |
Denied |
Response WaivedIFP |
18-usc-2518 aggrieved-person cell-phone-records criminal-procedure Does the District Court have the authority to sent electronic-interception electronic-surveillance expert-testimony expert-testimony-federal-rule-of-evidence-702-scie fourth-amendment fourth-amendment-cell-phone-records-probable-cause sentencing-guidelines sentencing-guidelines-upward-departure-district-co standing standing-aggrieved-person-electronic-interception- Whether acquiring a person's past movements throug Whether an expert's testimony that has never been |
Whether the 'target' of an electronic interception, whom voice was heard in intercepted conversations have 'standing' as an 'aggrieved person' under 1… |
| 18-9695 |
Robert A. Wagner v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Ninth Circuit |
2019-06-17 |
Denied |
Response WaivedIFP |
certificate-of-appealability due-process effective-representation expert-testimony eyewitness-identification habeas-corpus ineffective-assistance miller-el-standard miller-el-v-cockrell reasonable-probability trial-outcome |
Whether the Ninth Circuit's ruling denying a certificate of appealability conflicts with the 'debatable' standard from Miller-El v. Cockrell |
| 18-9613 |
Matthew L. Smeltzer v. Audrey King |
Ninth Circuit |
2019-06-11 |
Denied |
Response WaivedIFP |
civil-commitment complete-defense due-process erroneous-standard expert-testimony legal-standard section-2254 volitional-impairment |
Whether the petitioner was denied his due process right to present a complete defense during his civil commitment trial when the trial court precluded… |
| 18-9406 |
Ricky Carlos Grant v. United States |
Fourth Circuit |
2019-05-23 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence expert-testimony standard-of-review telephone-evidence witness-qualification |
Whether the United States Court of Appeals for the Fourth Circuit erred in failing to find that the United States District Court for Western District … |
| 18-9281 |
Randy Burke v. Diane Prosper, Acting Warden, et al. |
Virgin Islands |
2019-05-15 |
Denied |
IFP |
6th-amendment civil-rights confrontation-clause constitutional-rights criminal-procedure cross-examination double-jeopardy due-process evidence evidence-law expert-testimony ineffective-assistance jury-instructions right-to-confrontation trial-counsel |
Whether the counsel's failure to cross-examine the main witness Beatrice Lawrence constituted ineffective assistance of counsel |
| 18-9227 |
Robert Sparks v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-05-10 |
Denied |
IFP |
capital-punishment cross-examination due-process expert-testimony expert-witness false-testimony harmless-error jury-impartiality prosecutorial-misconduct |
Does cross-examination of a prosecution's expert cure all harm from that expert's repeated false testimony during a capital punishment proceeding, and… |
| 18-9084 |
Edward JoRodge Gladney v. United States |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
criminal-procedure diminished-capacity due-process evidentiary-hearing expert-testimony ineffective-assistance ineffective-assistance-of-counsel mental-capacity plea-bargaining plea-voluntariness sentencing sentencing-mitigation |
Whether the district court erred or abused its discretion by failing to hold an evidentiary hearing after grant of COA on contested factual allegation… |
| 18-9104 |
Kurt Zamor v. United States |
Eleventh Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
appellate-procedure common-carrier criminal-procedure criminal-procedure-rule-16 evidence evidence-sufficiency expert-testimony firearms firearms-regulation mens-rea sentencing sentencing-review statutory-interpretation |
Whether the Eleventh Circuit failed to properly apply Title 18 U.S.C. Section 922(e) |
| 18-9032 |
Michael Slager v. United States |
Fourth Circuit |
2019-04-30 |
Denied |
Response WaivedIFP |
civil-rights credibility-of-witness criminal-procedure due-process expert-testimony legal-standard officer-involved-shooting police-misconduct police-use-of-force second-degree-murder use-of-force voluntary-manslaughter |
Did the district court deny Petitioner's right to due process when it found that the underlying conduct at issue here—Officer Michael Slager's shootin… |
| 18-9050 |
Roland Kailihiwa v. United States |
Ninth Circuit |
2019-04-30 |
Denied |
Response WaivedIFP |
4th-amendment canine-alert contamination drug-detection drug-detection-canine expert-testimony probable-cause residual-odor search-and-seizure search-warrant training |
Whether Mervin's positive alert on a parcel shipped to Hawaii, given his unsophisticated training and the possibility of contamination, suffices to es… |
| 18-8776 |
Tam Le v. Louisiana |
Louisiana |
2019-04-10 |
Denied |
Response RequestedResponse WaivedRelisted (5)IFP |
constitutional-rights daubert-standard due-process expert-testimony fair-trial fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel non-unanimous-jury sixth-amendment |
Whether Mr. Le was convicted by a non-unanimous jury in violation of his rights under the Fifth, Sixth, and Fourteenth Amendments |
| 18-1273 |
Alma Caldavado v. New York |
New York |
2019-04-05 |
Denied |
Response Waived |
constitutional-rights criminal-defense expert-testimony harrington-v-richter ineffective-assistance-of-counsel medical-evidence presumption-of-ineffective-assistance shaken-baby-syndrome strickland-standard strickland-v-washington |
Ineffective-assistance-of-counsel-for-failure-to-present-counter-expert-testimony-on-shaken-baby-syndrome |
| 18-8600 |
Tony McLeod v. United States |
Ninth Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
cell-phones circuit-split criminal-evidence digital-forensics expert-testimony federal-rules-of-evidence fourth-amendment internet-anonymity lay-testimony mens-rea rule-702 sixth-amendment statutory-interpretation |
Whether Cellebrite forensic data requires expert testimony |
| 18-8633 |
James Greene v. Walgreen Eastern Co., Inc. |
First Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights data discovery discrimination disparate-impact due-process expert-testimony indigent-plaintiff standing statistical-significance statistics |
Whether the First Circuit Court erred when it affirmed the District Court's denial of an indigent plaintiff's (Greene's) motion to provide and pay for… |
| 18-1235 |
Joe Ribakoff v. City of Long Beach, California, et al. |
California |
2019-03-22 |
Denied |
|
1st-amendment civil-procedure civil-rights constitutional-rights content-based-regulation content-based-speech expert-testimony first-amendment free-speech government-speech public-forum speech-restriction |
Is a rule abridging speech by members of the public at an open public meeting of a city government a presumptively unconstitutional content-based spee… |
| 18-8466 |
Gregory Hunt v. Alabama |
Alabama |
2019-03-19 |
Denied |
IFP |
brady-v-maryland brady-vs-maryland capital-case capital-punishment constitutional-rights due-process expert-testimony false-evidence prosecutorial-misconduct strickler-v-greene strickler-vs-greene |
May the presentation of false evidence in a capital case be excused for want of diligence, when the evidence was challenged only after the State's exp… |
| 18-8346 |
Danilo Velasquez v. United States |
Ninth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
appeal constitutional-rights criminal-procedure diminished-capacity due-process evidence expert-testimony fundamental-rights life-sentence ninth-circuit sentencing |
Did the Ninth Circuit fail to protect petitioner's fundamental due process right to present his complete defense? |
| 18-8326 |
Dana Gray v. V. Romero, et al. |
Ninth Circuit |
2019-03-07 |
Denied |
Response WaivedIFP |
7th-amendment access-to-court civil-rights constitutional-access due-process expert-testimony medical-care medical-care-claims medical-expert neutral-expert prisoner-rights pro-se-litigation summary-judgment |
Whether United States district courts need to reliably appoint neutral medical experts in individual prisoner pro se §42 USC 1983 medical care cases w… |
| 18-1153 |
Timothy J. Rizzo v. Applied Materials, Inc., et al. |
Second Circuit |
2019-03-06 |
Denied |
Response WaivedRelisted (2) |
7th-amendment civil-procedure civil-rights constitutional-rights daubert daubert-standard due-process expert-testimony scientific-evidence seventh-amendment standard-of-review summary-judgment |
Whether the courts below erroneously abused their discretion in dismissing Rizzo's experts, whether the courts below erroneously held a different stan… |
| 18-7971 |
Kilunnun Adyden Chivoski v. United States |
Ninth Circuit |
2019-02-14 |
Denied |
Response WaivedIFP |
admissibility admissibility-threshold child-sexual-abuse daubert daubert-standard expert-testimony expert-witness gate-keeping-hearing kumho-tire peer-review psychological-testimony |
Should a district court be required to conduct a hearing under Daubert to consider the admissibility of expert testimony when the proffered expert adm… |
| 18-7913 |
Travis Thomas v. United States |
Third Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
career-offender due-process expert-reports expert-testimony harmless-error jailhouse-call johnson-analysis johnson-v-us sentencing sentencing-error |
Whether the District Court's failure to conduct the analysis required by the Supreme Court in Johnson v. U.S. violated due process |
| 18-7851 |
Vincent Lynden Young v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-02-08 |
Denied |
IFP |
constitutional-provisions due-process expert-testimony false-evidence federal-habeas habeas-corpus opinion repudiated-expert senate-bill senate-bill-1134 statutory-provisions |
Whether an opinion of an expert that has been repudiated by the expert who originally provided the opinion at a hearing or trial constitutes false evi… |
| 18-7846 |
Reginald Hough v. United States |
Sixth Circuit |
2019-02-07 |
Denied |
Response WaivedIFP |
4th-amendment confrontation-clause evidence expert-testimony fifth-amendment lay-witness police-procedure probable-cause search-warrant totality-of-circumstances |
Was there probable cause for the search warrant? |
| 18-927 |
Emmanuel I. Mekowulu v. United States |
Eleventh Circuit |
2019-01-17 |
Denied |
Response Waived |
constitutional-vagueness criminal-conduct criminal-law criminal-law-procedure due-process ex-post-facto expert-testimony procedural-default standard-of-care vagueness |
Whether the government's expert's after-the-fact opinion of the applicable standard of care of Florida Pharmacists is an ex post facto interpretation … |
| 18-7464 |
Carlton E. Gary v. Florida |
Florida |
2019-01-16 |
Denied |
IFP |
competency-hearing criminal-procedure due-process evidentiary-standard expert-testimony expert-witness fundamental-error judicial-error prejudice violation witness-credibility witness-influence |
Whether the expert witness's report was improperly influenced by the witness's actions, resulting in a violation of due process |
| 18-7327 |
Trevor Johnson v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-01-11 |
Denied |
Response WaivedIFP |
aggravated-rape Batson-Violation constitutional-rights daubert-standard Denial-of-Motion-to-Suppress expert-testimony first-fourth-fourteenth-amendments fourteenth-amendment insufficient-evidence jury-verdict Non-Unanimous-Verdict reasonable-doubt Unreliable-'Expert'-Testimony unreliable-expert-testimony Violation-of-Telecommunications-Act whether-reasonable-jurists-would-debate-that-the-t whether-reasonable-jurists-would-find-that-the-tri |
Whether reasonable jurist would find that the State failed to prove beyond a reasonable doubt, every essential dement of the offense that Mr. Johnson … |
| 18-7356 |
Jack Gossett v. United States |
Fifth Circuit |
2019-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-trial-procedure defendant-rights due-process expert-testimony government-agent-testimony jury-influence prejudice reasonable-doubt reversible-error substantial-rights untendered-expert-testimony |
Did the testimony of a government agent, not tendered as an expert, influence the jury's decision on guilt beyond a reasonable doubt? |
| 18-7308 |
Ronnie Junior Rodriguez v. United States |
Eleventh Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence expert-testimony expert-witness federal-agent jury-instructions photographic-evidence pro-se-defense prosecutorial-misconduct witness-testimony |
Whether the defendant's due process rights were violated when the government presented unreliable expert testimony and improperly influenced the jury |
| 18-7010 |
Jermaine Mitchell v. United States |
First Circuit |
2018-12-12 |
Denied |
Response WaivedIFP |
confrontation-clause expert-testimony expert-witness forensic-evidence lab-reports law-enforcement-testimony lay-testimony narcotics narcotics-testimony scientific-evidence sixth-amendment testimonial-evidence |
Whether law enforcement (lay) testimonies about the narcotics character of certain substances may be shined with the expert testimonial gloss of unpro… |
| 18-744 |
Mark Unger v. David Bergh, Warden |
Sixth Circuit |
2018-12-11 |
Denied |
|
criminal-procedure due-process effective-assistance-of-counsel expert-testimony habeas-corpus ineffective-assistance-of-counsel junk-science sixth-amendment |
Whether the Sixth Amendment guarantee of effective assistance of counsel is violated when counsel fails to expose junk science that sends his client t… |
| 18-6954 |
Steven Scott Wells v. California |
California |
2018-12-07 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure due-process evidentiary-standards expert-testimony fingerprint-analysis fingerprint-evidence forensic-evidence judicial-review scientific-methodology |
Does a fingerprint expert's testimony that two fingerprints 'match' have any evidentiary value if the expert provides no explanation for that conclusi… |
| 18-6880 |
Jason A. Lenz v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-11-29 |
Denied |
Response WaivedIFP |
accidental-death character-evidence civil-procedure civil-rights constitutional-law due-process expert-testimony habeas-corpus ineffective-assistance jury-deadlock standing statutory-interpretation |
Should a certificate of appealability issue in a Section 2254 proceeding |
| 18-6793 |
Derrick Lamont Booth v. Wendy Kelley, Director, Arkansas Department of Correction |
Eighth Circuit |
2018-11-23 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment criminal-procedure due-process expert-testimony fire-investigation ineffective-assistance-of-counsel nfpa-921 sixth-amendment standard-of-review standard-protocols trial-strategy |
Whether the state court violated Mr. Booth's 6th Amendment rights |
| 18-6786 |
Curtis J. Hill v. Joe A. Lizarraga, Warden |
Ninth Circuit |
2018-11-21 |
Denied |
IFP |
cause-of-death confrontation-clause due-process evidence expert-reports expert-testimony habeas-corpus medical-evidence pro-se pro-se-filing unreasonable-determination unreasonable-factual-findings |
Whether the California Court of Appeal unreasonably determined the facts critical to a Confrontation Clause analysis of the introduction of a non-test… |
| 18-6666 |
Oscar Sosa v. United States |
Fifth Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
confrontation-clause crawford-v-washington criminal-procedure drug-trafficking due-process expert-testimony plain-error-review prosecutorial-misconduct sixth-amendment witness-credibility |
Whether a federal agent's testimony about an out-of-court agent's report of drug trafficking by an unindicted coconspirator violates the Confrontation… |
| 18-6597 |
Jazsmine Arielle Joseph v. United States |
Fifth Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
burden-of-proof child-trafficking confrontation-clause confrontation-rights conspiracy conspiracy-charge domestic-violence expert-testimony sex-trafficking |
Did the lower court err in its decision regarding the requirements to prove a conspiracy charge in the sex trafficking of a child count? |
| 18-6618 |
Jessie Jesus Marquez v. United States |
Tenth Circuit |
2018-11-08 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-split constitutional-burden constitutional-law criminal-procedure drug-case evidence-sufficiency expert-testimony federal-rules-of-evidence government-proof recorded-phone-call |
Are statements made during a recorded phone call, standing alone, sufficient to sustain the Government's constitutional burden of proof in a drug case… |
| 18-6542 |
Mauricio Licea v. United States |
Ninth Circuit |
2018-11-02 |
Denied |
Response WaivedIFP |
civil-procedure dual-role due-process evidence expert-testimony expert-witness jury-instruction jury-instructions law-enforcement law-enforcement-testimony lay-witness trial-procedure |
Whether district courts must give a dual-purpose jury instruction after a law enforcement officer testifies as both an expert and a percipient witness |
| 18-6438 |
Oscar Kenneth Moreno v. Alana Butler |
California |
2018-10-26 |
Denied |
IFP |
confrontation-clause dna-evidence dna-testing due-process expert-testimony fourteenth-amendment remand scientific-evidence sentencing sixth-amendment |
Whether the petitioner's Sixth and Fourteenth Amendment rights to confront and cross-examine his accusers were violated |
| 18-6094 |
Edgar Leopoldo Garcia-Martinez v. United States |
Tenth Circuit |
2018-09-25 |
Denied |
Response WaivedIFP |
brady-disclosure brady-v-maryland confidential-informant dea discovery drug-conspiracy due-process expert-testimony false-swearing irs prosecutorial-misconduct ssa |
Is the prosecution required to supply information concerning the failure to report income to the IRS and the SSA by the DEA and its confidential infor… |
| 18-6070 |
Carlos Cornwell v. Tennessee |
Tennessee |
2018-09-21 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
bracy-v-gramley expert-testimony forensic-evidence hinton-v-alabama ineffective-assistance judicial-bias judicial-misconduct strickland-standard strickland-v-washington structural-error |
Whether trial counsel provided ineffective assistance in a case dependent on forensic evidence |
| 18-6029 |
Debra Ann Aquilina v. Sarah Davis, Administrator, Edna Mahan Correctional Facility, et al. |
Third Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
cause-of-death constitutional-rights criminal-procedure due-process expert-opinion expert-testimony ineffective-assistance ineffective-assistance-of-counsel medical-examiner right-to-counsel right-to-effective-counsel sixth-amendment trial-counsel trial-errors trial-proceedings |
Did the petitioner's trial counsel provide constitutionally ineffective assistance, violated petitioner's right to effective assistance of counsel, be… |
| 18-5985 |
Jeffery Dana Sparks v. Jeff Premo, Superintendent, Oregon State Penitentiary |
Oregon |
2018-09-14 |
Denied |
IFP |
constitutional-rights criminal-procedure cross-examination death-penalty evidence-presentation expert-testimony expert-witnesses ineffective-assistance ineffective-assistance-of-counsel prosecution-experts prosecution-theory trial-strategy |
Whether defense counsel in a death penalty trial provided effective assistance |
| 18-326 |
Estate of Bernice Goldberg by Executor Gary Goldberg v. Philip Nimoityn, et al. |
Third Circuit |
2018-09-13 |
Denied |
|
civil-procedure due-process expert-testimony federal-rules federal-rules-of-civil-procedure perjury procedural-due-process sanctions trial-evidence |
Is a federal court required to follow the federal Rules of Civil Procedure and procedural due process, which mandate that an expert's report and depos… |
| 18-327 |
N. K., an Infant, By His Mother and Natural Guardian, Tanja Bruestle-Kumra v. Abbott Laboratories |
Second Circuit |
2018-09-13 |
Denied |
|
alternative-causation alternative-cause causation-opinion daubert daubert-standard daubert-v-merrell-dow differential-diagnosis expert-testimony expert-testimony-admissibility federal-rule-of-evidence-702 genetic-causation genetic-testing rule-702 |
Whether additional genetic testing is required to eliminate a possible alternative cause when an expert has completed a differential diagnosis and exp… |
| 18-265 |
Micah Patterson v. Harold W. Clarke, Director, Virginia Department of Corrections |
Virginia |
2018-08-31 |
Denied |
Response RequestedRelisted (2) |
adversarial confrontation constitutional-rights due-process expert-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel investigation sixth-amendment virginia-supreme-court |
Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson's ineffective assistance of counsel… |
| 18-5747 |
Javier Amador-Flores v. United States |
Tenth Circuit |
2018-08-31 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure evidence evidence-law expert-testimony federal-rules-of-evidence law-enforcement lay-opinion lay-opinion-testimony lay-testimony specialized-knowledge witness-testimony |
When a law-enforcement agent expressly compares the events in a case to what is typical in other cases he has investigated, is his opinion based on 's… |
| 18-5780 |
Peter Vincent Capra v. United States |
Tenth Circuit |
2018-08-27 |
Denied |
Response WaivedIFP |
appellate-court appellate-review certificate-of-appealability civil-procedure district-court due-process duty-to-disclose evidentiary-hearing expert-testimony final-order good-faith-defense ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jurisdiction standing |
Did the Appellate Court lack jurisdiction over the Appeal due to the fact from review of the record that the District Court had not adjudicated all of… |
| 18-5717 |
Anousone Savanh v. United States |
Ninth Circuit |
2018-08-23 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defense-expert due-process expert-testimony federal-rules-of-evidence ninth-circuit-review right-to-present-defense |
May a court exclude a defense expert in a criminal case for failing to possess qualifications that Federal Rule of Evidence 702 does not require, the … |
| 18-5604 |
Joe Fidel Flores v. W. L. Montgomery, Acting Warden |
Ninth Circuit |
2018-08-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence expert-testimony gang-expert-testimony jackson-standard jackson-v-virginia ninth-circuit ninth-circuit-review reasonable-doubt standard-of-review sufficiency-of-evidence |
Under the standard clearly established by this Court in Jackson v. Virginia, can a rational juror find an essential fact beyond a reasonable doubt bas… |
| 18-5557 |
Matthew Joseph Bussing v. Michigan |
Michigan |
2018-08-13 |
Denied |
IFP |
abuse-of-discretion civil-procedure civil-rights due-process evidence expert-testimony expert-witness standard-of-review supreme-court-precedent |
Whether the court abused its discretion in permitting a rebuttal witness who was not an expert in pediatric child abuse to testify outside his compete… |
| 18-5546 |
Billie Wayne Coble v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-08-10 |
Denied |
IFP |
capital-case capital-sentencing constitutional-rights daubert daubert-standard due-process eighth-amendment expert-testimony future-dangerousness reliability |
Whether the Fifth Circuit and Texas courts improperly applied Barefoot v. Estelle to categorically foreclose claims that unreliable expert testimony o… |
| 18-5502 |
Susan Joy Jacobson v. Arizona |
Arizona |
2018-08-09 |
Denied |
IFP |
compulsory-process confrontation-clause due-process expert-testimony ptsd ptsd-diagnosis self-defense sixth-amendment |
Whether preclusion of an accused citizen's PTSD diagnosis, proffered to support her self-defense claim, unconstitutionally impinges on her Due Process… |