expert-testimony
304 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-7182 | David Johnson v. United States | Sixth Circuit | 2026-04-13 | Pending | IFP | demonstrative-aids expert-testimony federal-rules-of-evidence jury-deliberations rule-1006 rule-611 | Whether an expert's interpretive, pedagogical exhibit may be admitted into evidence under Rule 611(a) and reviewed by the jury during deliberations ev… |
| 25-7158 | Jermaine Eggleston v. United States | Ninth Circuit | 2026-04-07 | Pending | Response WaivedIFP | circuit-split criminal-procedure evidentiary-circumvention expert-testimony federal-rules-of-evidence mental-state | Federal Rule of Evidence 704(b) states, "[i]n a criminal case, an expert witness must not state an opinion about whether the defendant did or did not … |
| 25-7143 | Christian Tyler Hickman-Staudt v. Texas | Texas | 2026-04-03 | Pending | IFP | closing-argument criminal-procedure expert-testimony fifth-amendment harmless-error right-to-remain-silent | Was the Texas Appellate Court's Conclusion that State and amount to i"any error in the admission of Detective Vogel's opinion to truthfulness" harmles… |
| 25-6930 | Gregory Livingston v. Tennessee | Tennessee | 2026-03-02 | Pending | Response WaivedIFP | autopsy-evidence confrontation-clause criminal-procedure expert-testimony hearsay sixth-amendment | Whether the defendant was deprived of his Sixth Amendment Right to Confrontation at the trial of his case when the trial court allowed the state to pr… |
| 25-6885 | Jeffrey Dale Busby v. Mississippi | Mississippi | 2026-02-24 | Pending | Response RequestedResponse WaivedIFP | confrontation-clause criminal-procedure expert-testimony forensic-evidence hearsay sixth-amendment | Whether the Sixth Amendment's Confrontation Clause allows a State to introduce forensic laboratory testing through a technical reviewer who neither pe… |
| 25A945 | Ramesh Sunny Balwani v. United States | Ninth Circuit | 2026-02-24 | Application | expert-testimony false-testimony federal-rules-of-evidence napue-violation prosecutorial-misconduct rule-702 | Question not identified. | |
| 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 | Response RequestedResponse Waived | 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 | Amici (2)Relisted (2) | 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 | Amici (2) | 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 | Denied | 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 | Denied | 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 | Presumed Complete | circuit-split civil-procedure class-certification expert-testimony federal-rules-of-evidence rule-702 | Whether a district court may certify a class action without resolving whether the plaintiff has introduced admissible evidence, including expert testi… | |
| 25A460 | George Sharrod Johns v. Georgia | Georgia | 2025-10-22 | Presumed Complete | confrontation-clause criminal-procedure expert-testimony forensic-pathology sixth-amendment testimonial-statements | Question not identified. | |
| 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 | This is an application for extension of time to file a petition for a writ of certiorari, not a petition containing a "Question(s) Presented" section … | |
| 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 | I'/♦'The 3ezC\s\6vx by -Vke Unl-VeA CoiLf^ of Is skooAA be fe\Aer^eJ P e^iAetoe \a -Hie ftgk-V mo 5 4" -fMovable fo -fae 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 | Question not identified. | |
| 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 | Question not identified. | |
| 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 first fulfilling its gatekeeping obligation u… | |
| 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 | Counsel ///( <S\S5'/J'/c«ce boher? 4o cW|<nje oP JunK Sew UM &>rnis Ae [>n'™y ^Vi'dtnce. of ^vil-k H-ere, Counsel Q<u(ed +o ck<x//<?^e -fhe. ■deSp/rna… |
| 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 | In a case that hinges primarily on eyewitness identification, does a criminal defense attorney perform deficiently under Strickland v. Washington, 466… |
| 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 | Did the U.S. Court of Appeals for the Eleventh Circuit fail to follow this Court's recent decision in Diaz v. United States, 602 U.S. 526 (2024) in fa… | |
| 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 | 1. Does the two officer's testimony at trial, particularly Sergeant Helms' testimony establish the required mens rea for the offense? 2. How does the… |
| 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 | The Respondents and the U.S. patent courts are obstructing advancement in nutrition and prevention by unlawfully denying patents, neutering innovation… |
| 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, which was supported by expert testimon… |
| 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 | Question not identified. | |
| 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 | I. WHETHER PETITIONER WAS DENIED A FAIR TRIAL BY THE ADMISSION OF EVIDENCE OF AN UNRELIABLE SHOW-UP IDENTIFICATION IN VIOLATION OF HIS RIGHT TO DUE PR… |
| 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 | Expert testimony from Thomas Cottrell did nothing more than bolster Clarisse and Genesis. Did the trial court abuse its discretion in letting Dr. Co… |
| 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 | 1. May courts substantially disregard a party's briefs resulting in failure to hear the party and due process violations per Snyder v. Com. Of Mass., … | |
| 24-5939 | James Herard v. Florida | Florida | 2024-11-07 | Denied | IFP | death-penalty due-process expert-testimony fifth-amendment interrogation-techniques miranda-rights | I. WHETHER THE TRIAL COURT REVERSIBLY ERRED BY REFUSING TO SUPPRESS JAMES HERARD'S STATEMENTS PURSUANT TO THE 5th AND 14th AMENDMENTS TO THE UNITED ST… |
| 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 | The admission of expert testimony in federal courts is governed by Federal Rule of Evidence 702 and this Court's decision in Daubert v. Merrell Dow Ph… |
| 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 | 1. Does the failure of death penalty defense counsel to seek funding for an independent expert, coupled with the failure to challenge the State's flaw… |
| 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 | Question not identified. | |
| 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 | Is expert testimony as to drugs, which were destroyed pursuant to a Court order following the defendant's Alford Plea in a state case, a violation of … |
| 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 | A WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT'S DECISION IN UNITED STATES V. DAROSA IS IN CONFLICT WITH THE DECISIONS OF OTHER U… |
| 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 | Nearly two years after being restored to competency, Petitioner Kalamice Piggee's mental illness resurged and his trial counsel declared doubt as to h… |
| 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 | 1. How can the Supreme Court of the United States reconcile the substandard judicial practices exemplified by the acceptance of false expert testimony… |
| 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 | I. 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… |
| 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 | 1. Whether the Ninth Circuit erred by establishing—in conflict with the decisions of other circuits—a categorical rule requiring the admission of expe… |
| 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 | My name is Kirk Johnston, and I brought suit against the members of Nickelback and Warner Chappell for copyright infringement upon learning that my so… |
| 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 | ke/ft 5'ft^ft '^vft vft ft/\e. D 4fte Frye, S'Frdnrd 3uftft/ei£/iftft SkoJd £j«s/wWftfA ^Me L*oe_ c»- WK l J-rec-'f kpfpAtdn FzderjbUenee RJt 701^,'U… |
| 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 | At issue in this case is a local ordinance, Bill 108-21 ("the Ordinance") enacted by Anne Arundel County, Maryland ("the County"). That Ordinance comp… |
| 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 ultimately a new trial where he did not receive the effective assistance of cou… |
| 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) ("Rule 704(a)") allow an expert to opine that a person's conduct complied with the person's legal duties? Does R… | |
| 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 | 1. The district court concluded that since illegally obtained evidence found in Petitioners vehicle, was admissible due to'lthe application of the "… |
| 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 | 1. Whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute forensic e… |
| 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 | Introduction; Mr. Hilton was indicted for murder and other offenses stemming from an automobile accident which occurred while he was under the influen… |
| 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 POLI… |
| 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 | In a prosecution for aggravated child sexual abuse in which the alleged victim has inconsistently reported abuses, may the prosecution present expert … |
| 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 by analyzing counsel's ineffective performance as me… |
| 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 - 14th Amendment of the Federal Constitution was violated by allowing post autopsy? Whether petitioner's Due process… |
| 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 | 1. Did the Third Circuit err in deferring to the District Court's finding that Mr. Johnson suffered no prejudice from the Confrontation violation that… |
| 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 | This case arises out of a fraudulent conveyance action. It concerns whether certain real estate located in Ireland was held in trust—a question of fac… |
| 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 | Question not identified. | |
| 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, as several circuits have found, there is a due process right not to be convicted based on forensic evidence later shown to be fundamentally u… |
| 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 | The Federal Rules of Evidence establish the framework within courts must make their determina tions as to admissibility. Under Rule 402, the baseline … |
| 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 | Rule 704(b) of the Federal Rules of Evidence provides: In a criminal case, an expert witness must not state an opinion about whether the defendant did… |
| 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 | I. Should a defendant's guilt or innocence be determined by their finances? II. Before making a noninvoluntary and informed plea, should a defendant … |
| 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 | I. Did the trial court plainly error by allowing Dr. Mohr to testify outside the realm of her expertise thereby providing testimony to the ultimate is… |
| 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 Revised Statute (C.R.S.) § 13-2… |
| 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 | Akin to Justice Sotomayor's Bullcoming v. New Mexico, 564 U.S. 647, 672-74 (2011) scenario; To what extent are Sixth Amendment guarantees of Confronta… |
| 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 | Question not identified. | |
| 23-5931 | Donald Lee Kissner v. Joseph Michael Orr, et al. | Sixth Circuit | 2023-11-01 | Denied | Response WaivedIFP | 8th-amendment civil-rights constitutional-rights criminal-procedure due-process expert-testimony judicial-error medical-care ninth-circuit pretrial-detention qualified-immunity | I. Did the Sixth Circuit United States Court of Appeals commit clear error when it affirmed the motion to dismiss? II. Did the Sixth Circuit United S… |
| 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 | 1. 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. … |
| 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 | As the first and only sanction ever ordered — or even considered — by the District Court below, that court struck Petitioner Christy Williams' liabili… | |
| 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 | Where a State conditions a death sentence on a jury's unanimous finding beyond a reasonable doubt that "there is a probability that the defendant woul… |
| 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 | 1. During trial, it was elicited on cross-examination, that the victim told the investigator she never had sexual contact with Petitioner, and that h… |
| 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 | 1. Did the Fifth Circuit err in its review of Petitioner's Sixth Amendment claim – and its evaluation of Strickland prejudice – when it determined tha… |
| 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 | Question not identified. |
| 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 | I. What is the level of proof required from the US Government when it seizes mutilated or damaged coins imported from Chinese recycling factories and… |
| 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 defendant was denied effective assistance of cou… |
| 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 | Question not identified. | |
| 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 | 1. Where a state trial court resolves disputed issues of material fact without an evidentiary hearing and ignores relevant expert opinion, is the stat… |
| 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? Was it constitutional to deny the right o… |
| 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 | 1. Whether the Oklahoma Court of Criminal Appeals ' review of trial courts decisions to admit or exclude expert testimony comport with the United St… |
| 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 | 1. Whether the Due Process Clause prohibits a state court from depriving petitioners of property protected by the Fourteenth Amendment without allowin… |
| 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 | 1. 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 … |
| 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 | Question not identified. | |
| 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 outof-court statement regarding the meaning of the phrase "pulling a Carlos"… |
| 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 the District Court erred in denying petitioner Braddock's right to expert and precipient witness testimony, and whether prosecutorial miscondu… | |
| 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 | 1.Q) If a state conditions satisfying Strickland's first prong, on the testimony of two privately funded expert witnesses against a indigent pro se pr… |
| 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 | Before the Supreme Court review during trial in front of a jury. Does the court 's need a second analyst to testifies, to the first analyst opinion co… |
| 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 | Some, but not all, circuits permit a law enforcement agent who is not designated as an expert to testify as a lay witness about drug slang, jargon or … |
| 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 | As in Mr.Ocasio's case where there was no introduction of any defense whatsoever and the Monroe County Court, Western District Court, and the Second C… |
| 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 | 1 (a) Whether it is a violation of the Confrontation Clause to dispense with physical/ face-to-face confrontation and permit out-of-state testimony vi… |
| 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 | Did the Fourth Circuit err in affirming a district court's ruling that a banking expert was required to establish the bank's ordinary standard of care… |
| 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 | 1. Are AW "rUiW 2. \ 5 W-eof €_viWv\a: 11 Cjqyw AvAcvVvonW C$tl'*' iytK) fi'tjhA ftcccjnizej 3.5 AW. reWAW process ru^VA preseMeck unier "pWn errur V… |
| 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 | I Detective Doyle testified that petitioner was arrested without a warrant for reckless driving. The reckless driving allegation is not supported by a… |
| 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 | I Mo/io/l for Jcojul tt<sL se -L^/^ /a/SuffideA &\)'ic/ertC& ~bo Gubsid tkce^Se to Jit/y. Xj (beard i To nKeUs TesiL /f\Ony Should sv&t bs^ (bets (sl… |
| 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 of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert convey… |
| 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 | 1. Has Massachusetts jurisprudence, particularly the expansion of Commonwealth v. Kolenovic, 471 Mass. 664 (2015), run afoul of the Sixth Amendment by… |
| 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 | 1. Whether Molina's substantial rights were affected when two-thirds of the Government's witnesses testified in dual roles as experts and fact witness… |
| 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 where his trial a… | |
| 22-5923 | Michael L. Berry v. Illinois | Illinois | 2022-10-27 | Denied | IFP | civil-rights due-process expert-testimony habeas-corpus identification standing | mUeH&Z Thb THfgd VtskcTAffislkle CouIFlikoNoL r&iOhi crnM/NG hcioal mmoobnoe cmssci on /mb rmnm BJidaJce dF /X. 6B0FbB5jj LoFtus ; A le/tch/p BxpbFF … |
| 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 | 1. Reasonable jurists would determine that the evidence presented during trial was insufficient to convict Doucet of Aggravated Rape beyond a reasonab… |
| 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 | 1. Medicare reimburses healthcare providers who provide home-health services to qualifying Medicare patients. Congress requires a physician to certify… |
| 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 of the Sixth Amendment to the United States Constitution require the disclosure of the source code of an artificial inte… |
| 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 | Petitioner's conviction was predicated on the testimony of a so-called blood spatter expert. Defense counsel objected to the admission of this testimo… |
| 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 | When a defendant's sentence is enhanced based a non-experts testimony should a higher standard, apart from that permitted by Fed. R. Evid. 1101(d)(3) … |
| 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 | I. Numerous lay witnesses were allowed to "identify" Mr. Carey's voice on recorded telephone calls despite a lack of reliability in the identification… |
| 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 | 1. Should certiorari be granted where the district court itself called this case a "close" situation when an unqualified Special Agent with the Bureau… |
| 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 Appeal s for the Thi rd Ci rcuit so far depart from the accepted and usual course of judi cial proceedi ngs, or sancti oned such a de… |
| 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 | In a dissolution of marriage proceeding, may a court disregard military documentation showing that a veteran is receiving payments for disability, whi… | |
| 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 specific but not limited to, transcripts and the number of pages thereof; and Its fu… |
| 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 | 1. Should a person whose addiction is the result of improperly prescribed medication be allowed an involuntary intoxication defense? 2. Petitioner d… |
| 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 | 1. Which standard, among those currently in use at the circuit court level, must be applied to determine whether a government attorney's violation of … |
| 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 | 1. If a physician's good faith is a complete defense to a prosecution for prescribing controlled substances without a legitimate medical purpose or ou… |
| 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 | 1. In a democratic system, can a court of any hierarchy issue a ruling regarding a consensual medical decision that dismisses, refutes, or ignores the… | |
| 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 | 1. Whether a criminal defendant's constitutional right to testify, as articulated in Rock v. Arkansas, 483 U.S. 44 (1987), is violated when he is prev… |
| 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 | 1. Whether Ms. Rodman presented admissible evidence in the form of Otsuka's failure to follow the admonition of 21 C.F.R. § 314.80 to conduct post-mar… |
| 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, serving as Daubert/Kumho Tire gatekeepers, have a duty to assess the reliability of law enforcement officers testifying as ex… |
| 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 | 1. Whether the trial court erred be admitting, without'expert medical testimony, evidence of the complainant's stomachaches and bladder pain puporti… |
| 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 | 1. Whether the Ninth Circuit applies an unduly lax standard for showing whether other suitable economic substitutes are available for the products at … |
| 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 | The question before this Court is whether, in a civil case involving the killing of a young Black man, whose lawful gun was found twenty feet from his… |
| 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 | 1. What is the correct standard for reviewing denied motions for competency hearings, under 18 U.S.C. § 4241(a) and constitutional due process? Is rev… |
| 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 | 1. Whether the Eighth Circuit's "so fundamentally-unsupported" standard of initial admissibility for expert testimony conflicts with this Court's prec… |
| 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 | 1. A writ of certiorari is requested to determine whether the Second Circuit Court of Appeals erred in affirming Dontrell Wise's conviction which was … |
| 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 | Should a writ of certiorari been granted to determine if Samuel's Fifth Amendment rights were violated when he was forced to proceed to trial as the o… |
| 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 | 1. Issue One: Whether the DNA tests were favorable under New Hampshire RSA 651-D-2, VI (b) and warrant dismissal of the charge because a different res… |
| 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 | For more than a decade, the civil standard of care established for the practice of medicine has been utilized by federal prosecutors in criminal prose… |
| 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 | I 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… |
| 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 | A petitioner may challenge an issued patent in an inter partes review (IPR) before the Patent Trial and Appeal Board, an agency tribunal, but "only on… |
| 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 | 1. Should this matter been allowed to progress to a civil commitment trial since the Respondent incarcerated the Petitioner 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 | Where all the percipient witnesses in a case have testified in a manner unsatisfactory to the government's prosecution, under Federal Rule of Evidence… |
| 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 | 1. Whether the First Circuit misapplied this Court's rulings on RICO Conspiracy by approving an instruction allowing a jury to convict if it determine… |
| 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, in a case in which the government was required to prove that the defendant was not working from a good faith misunderstanding of the law, the… |
| 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 | Question not identified. |
| 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 of the Fourteenth Amendment prohibit a State from convicting a person of murder based almost exclusively on an expert opin… |
| 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 | PROPOSITION ONE: Whether the District Court erred in denying Moya's Motion to Dismiss Count 2 in that there was insufficient evidence that the heroin … |
| 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 | Petitioners Michael Jones hereby adopts the Petitions for Writ of Certiorari filed by Dr. Henry Evans and Dr. Shelton Barnes and the Questions Present… |
| 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 | Petitioner Paula Jones hereby adopts the Petitions for Writ of Certiorari filed by Dr. Henry Evans and Dr. Shelton Barnes and the 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 | 1. Whether under the Strickland standards of deficient performance and prejudice, trial counsel was ineffective by failing to file a proper notice und… |
| 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 | This court has not decided whether expert testimony about mental acuity is admissible to show a person's ability to observe and to act to exercise dom… |
| 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 | 1. Whether FIFRA preempts a state-law failure-to-warn claim where the warning cannot be added to a product without EPA approval and EPA has repeatedly… |
| 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 | Question not identified. |
| 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 | 1) Wani's failure to provide expert testimony regarding the standard of care and causation. I did provide expert testimony regarding the standard of c… |
| 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 | 1. The Copyright Act defines statutorily eligible works in 17 U.S.C. § 102(a). While § 102(a) does not list Comic Book Characters, some Circuit Courts… |
| 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 | 1. Whether, as the First, Second, Third, Fourth, Sixth, Seventh, Eighth, Tenth, and Eleventh Circuits have held, this Court's cases clearly establish … |
| 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 | Under the Due Process clause, and the Eighth Amendment, should the prosecution be held responsible for the presentation of false expert testimony on a… |
| 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 this Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Federal Rule of Evidence 702 require lower cou… |
| 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 ? Wh… |
| 20-8467 | Cyrus Casby v. United States | Fifth Circuit | 2021-07-01 | Granted | 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 ACCUSED DNA REPORT AND RAW DATA (SCIENTIFIC PROOF) CONTAMINATED (UPLIFTING EVIDENCE WAS MISUSED TO CONVICT ME, TO DISMISS MY INDICTMENT/OV… |
| 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 | 1. Why is Petitioner NOT ALLOWED to withdraw her application from a nursing board (quit) while she could do so from medical boards? 2. Why is Petitio… |
| 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 | Does false evidence and expert witness perjured testimony the alleged victim suffered a fracture of the zygomatic buttress qualify for the Schlup doct… |
| 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, when they were not parties to the conve… |
| 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 | I. 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 … |
| 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 | 1.) Are the Medicare rules, regulations, and policies "controlling" in a criminal prosecution under 18 U.S.C. § 1347; i.e. is evidence of compliance o… |
| 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, when his trial counsel failed to understand the applica… |
| 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 | 1. Does Moore v. Texas, 137 S.Ct. 1039 (2017) establish a new retroactive rule of constitutional law that Petitioner is eligible for but could not pre… |
| 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 | 1. 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 prosec… |
| 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 | RIVERA WAS DENIED A FAIR TRIAL BY OTHER-ACTS EVIDENCE THAT HAD NO PROPER PURPOSE AND THUS ENCOURAGED THE JURY TO CONVICT HIM ON AN IMPROPER CHARACTER-… |
| 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 | 2. Was it fair to affirm 18 U.S.C. 1519 charge where the integrity of juridical process was harmed by the prosecutor who: a. Submitted doctored indict… |
| 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 FOR THE DISTRICT COURT TO GRANT RESPONDENT(S) SUMMARY JUDGMENT ON THE ISSUE OF L… |
| 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 | 1) Does Due Process require an expert's findings and conclusions be provided to Defendant with sufficient notice before trial to effectively rebut the… |
| 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 | 1. Question: Has prejudice been shown where the prosecuting attorney, whether intentional or unintentional, allowed false evidence and inaccurate inf… | |
| 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 | Did the trial an%or appeal court err by allowing the testisying "erperts" to use statements of unadijucated witnesses as bisis for their opinion and p… |
| 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 | 1. Where petitioner is actually innocent and being held in violation of the 8th and 14th Amendments to the United States Constitution, where such peti… |
| 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 | FORMAL REQUISITE OF AN INDICTMENT: THE INDICTMENT FAILED TO PROPERLY ALLEGE THE OFFENSE,AS WRITTEN IN THE TEXAS PENAL CODE ANN. § 21.02. INSUFFICIEN… |
| 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 | The central question in this matter is what constitutes physical damage to property for the purposes of triggering coverage under an all-risk insuranc… |
| 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 | 1. Whether this Court should resolve a Split among the Circuit s and find a District Court's use of Application note 1 to U.S.S.G. § 4B1.2, which purp… |
| 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 pro… |
| 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 | I. Does drug profile testimony have any legitimate use as trial evidence? II. Does the cumulative error doctrine exist and, if so, can errors to whic… |
| 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 | This Petition will permit the Court to resolve two profound splits among the federal courts of appeals. The first circuit split concerns when, if at … |
| 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 | 1. When a legal duty exists in a premises lability context to protect business invitees from reasonably foreseeable harm, is the question of foreseeab… |
| 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 | I. WAS PETITIONER DENIED DISCOVERY PURSUANT TO BRADY v. MARYLAND 373 U.S. 83 VIOLATING HER V, VI AND XIV CONST. AMENDS.? II. WAS IMPROPER EXPERT OPI… |
| 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 | (1) Did the State's admission of the Wood/E Vestim/iy and O/M dpotE of a Su/dOaaEe Da/A adalysi l/L lieuoP+hg achial VA/A aflalysT and O/i/Aj'tpof'E .… |
| 20-5682 | Simon F. Ranteesi v. Eric Arnold, Warden | Ninth Circuit | 2020-09-14 | Denied | Response WaivedIFP | civil-rights constitutional-rights due-process expert-testimony fair-trial ineffective-counsel jury-instructions medical-malpractice mental-state prosecutorial-misconduct | (1) Was Petitioner denied his Human and Civil Rights Under the First, fifth, sixth, eight, and fourteenth Amendment to the United States Constitution,… |
| 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 error when it determined that newly presented evidence does not create for consideration under the Acosta factors… |
| 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 | The Eighth Amendment prohibition of cruel and unusual punishment prohibits the unnecessary and wanton infliction of pain. Prison officials violate the… |
| 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 ev… |
| 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 | 1. In the case at bar, Petitioner's Treating Physician was precluded from testifying as a Fact Witness and as an Expert Witness because the Treating P… |
| 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 | Issue I: Whether the lower court(s) violated Keith Hoglund 's substantive and procedural due process rights by their holding(s) that there was no rea… |
| 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 | 1. May a federal district court consistent with this Court's "the law of the case" doctrine grant judgment asa matter of law under Fed. R. Civ. P. 50(… |
| 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 | 1. ) Was Petitioner prejudiced When Several Prospective furors Withheld Crucial Information Pertaining To Employment As Law Enforcement When Asked D… |
| 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 | 1. Whether – in a case involving the charge of DUI manslaughter – the prosecution can meets its burden of proving "cause of death" through the testimo… |
| 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 | 1. WAS THE SEARCH WARRANT FOR MR. CARRIERS HOME AND COMPUTERS RELYING ON A SINGLE TRANSACTION FROM FOUR YEARS EARLIER BASED UPON STALE INFORMATION AND… |
| 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 | Under Evidence Rule 103 and Criminal Rule 52(b), once a party informs the court of the substance of the evidence at issue, and the court rules, counse… |
| 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 comparing the petitio… |
| 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 | 1. Whether the Confrontation Clause prohibits the prosecution from introducing into evidence at trial a certified lab report reflecting statements of … |
| 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 | 1. Did the district court abuse its discretion in denying Eiland's motion Pursuant to 28 USC Section 2255 without a hearing? 2. Was Eiland denied eff… |
| 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 | This Court has repeatedly held that to receive a certificate of appealability ("COA"), a habeas petitioner need only show that "'jurists of reason cou… |
| 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 AN OPPORTUNITY TO PRESENT A COMPLETE DEFENSE WHEN A WITNESS FROM THE DEFENSE INVOKED A SPECIOUS FIFTH AMENDMENT CLAIM AGAINS… |
| 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 | In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), this Court held that Fed. R. Evid. 702 superseded the common law rule governing the ad… |
| 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 | I. WHETHER ASSIGNED COUNSEL VIOLATED THE DEFENDANT'S SIXTH AMENDMENT RIGHT TO COUNSEL AND HIS RIGHT TO DUE PROCESS BY FAILING TO PRESERVE FOR APPEAL A… |
| 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 | 1. Whether excluding expert testimony on eyewitness memory and police lineup procedures violates the Sixth Amendment right to present a defense, or co… |
| 19-7018 | Scott Ray Bishop v. United States | Tenth Circuit | 2019-12-19 | Granted | Response RequestedResponse WaivedIFP | criminal-procedure due-process evidence expert-testimony personal-knowledge structural-error technical-element testimony | 1. Whether the exclusion of a defendant's testimony based on first-hand, personal knowledge of a technical element of the offense charged is structura… |
| 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 | 1. 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, inser… |
| 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 CERTIORARI SHOULD BE GRANTED TO RECOGNIZE (AS HAS BEEN DETERMINED BY TWO CIRCUITS) THAT IT IS A DUE PROCESS VIOLATION WHEN THE PROSECUTION USE… |
| 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 | 1. Whether using Cellebrite technology to download forensic digital evidence from a cell phone requires specialized or technical knowledge so that the… |
| 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 based on a few isolated questi… |
| 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 | Bite-mark comparison evidence was the foundation of the State's case that convicted Petitioner Danny Lee Hill of murder and sentenced him to death. Th… |
| 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 | Counsel failed to object to prejudicial testimony. Specifically, the State's expert's testimony vouched for the alleged victim's allegations of abuse … |
| 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 | 1. Whether an expert Toxicologist can testify regarding chemical burns. 2. Whether cleaning dentures is practicing dentistry and therefore a dental t… |
| 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 | 1. Whether the Ninth Circuit Memorandum conflicted with this Court's decisions (e.g., Kumho Tire) regarding whether unreliability of an expert's testi… |
| 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 | Is it reasonably pertinent to diagnosisd or treat(mend)" when the stade ments made are clearly beyond the Scope of a SANE examination& Would this be h… |
| 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 | In Sell v. United States, 539 U.S. 166, 179 (2003), this Court held that "the Constitution permits the Government involuntarily to administer antipsyc… |
| 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, 474 U.S. 254, 260 (198… |
| 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 | 1. WILL THIS COURT ADDRESS THE CONFLICT BETWEEN THE ILLINOIS APPELLATE COURT AND BOTH THE ILLINOIS SUPREME COURT AND APPELLATE COURT OVER ILLINOIS RUL… |
| 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 | 1. ) THE COURT ERRED, A kelly hearing was required to test the reliability of the process used to create the videotape of still photographs originall… |
| 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 | DID TRIAL ATTORNEY PRE-TRIAL ZEEE CVE 1E HE TARAUEN 11S onl Me LIGENGE. BY WAITING 720 Lott, FAILED 70 SECURE AN EXPERT WITNESS ON LINE-UP TbéAr7 ~Fic… |
| 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 | 1. Whether Reasonable Jurists Could Debate the Denial of Petitioner's Motion to Vacate and Set Aside his Judgment of Conviction where the District Cou… |
| 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 | I. DID THE COURTS ERRONEOUSLY DENY MS. STROUD'S CONSTITUTIONAL RIGHT TO DUE PROCESS WHEN SHE WAS CONVICTED OF SECOND DEGREE MURDER AND THREE COUNTS … |
| 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 | The question presented is whether an appellate court may reverse a jury verdict based on its own view that expert testimony was credible, "unrebutted,… |
| 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 | I. Whether the admission of a report authored by a non-testifying firearms examiner, and expert testimony from a substitute analyst concerning the fin… |
| 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 | 1. Whether there was engagement in abuse of discretion and misapplication of the summary judgment standard at the Superior Court of New Jersey, Trial … | |
| 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 | I. Whether the "target " of an electronic interception, whom voice was heard in intercepted conversations have "standing " as an "aggrieved person " u… |
| 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 u. Cockrell, 537 U.S.… |
| 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 Petitioner's due process right to present a complete defense in his civil commitment trial was violated when the state court prevented him fro… |
| 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 AS A MATTER OF LAW BY FAILING TO FIND THAT THE UNITED STATES DISTRICT COURT FO… |
| 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 | INEFFEcTiVE ASSisTANCE OF COSEL is A 6AMENdMENT RiGHT ViolaTiON WItNES BEATRCE RENCE WHN TRiA COUNSEL EWTHAt is Cien RDBuRKE HAVE THE RigHT To bE CON… |
| 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 | QUESTION ONE: Does cross-examination of a prosecution's expert cure all harm from that expert's repeated false testimony during a capital punishment p… |
| 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 | I. Whether the district court erred or abused its discretion by failing to hold an evidentiary hearing after grant of COA on contested factual allegat… |
| 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 | I. WHETHER THE ELEVENTH CIRCUIT FAILED TO PROPERLY APPLY TITLE 18 U.S.C. SECTION 922(e) IN DETERMINING WHETHER THE EVIDENCE WAS SUFFICIENT TO ESTABLIS… |
| 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 shooti… |
| 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 | Police trained Mervin, a drug-detection canine, to alert on minimal residual odor. In accord with that training, Mervin often alerted on parcels conta… |
| 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 | Reasonable jurors would determined that Mr. Le was convicted by a non-unanimous jury in violation of his rights under the Fifth, Sixth, and Fourteenth… |
| 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 | 1. In an SBS prosecution, where defense counsel neither calls, nor consults with, an SBS expert to counter the prosecution's expert testimony on the "… |
| 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 | 1. Whether using Cellebrite technology to download forensic digital evidence from a cell phone requires specialized or technical knowledge so that the… |
| 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 plaintiffs (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 | 1) Is a rule abridging speech by members of the public at an open public meeting of a city government a presumptively unconstitutional content-based s… | |
| 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 | In pursuit of a capital conviction and death sentence in this case, the prosecutor relied on an inflammatory impossibility. At Gregory Hunt's trial in… |
| 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 when it approved the district court's… |
| 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 | UNITED STATES DISTRICT COURTS NEED TO RELIABLY APPOINT NEUTRAL MEDICAL EXPERTS IN INDIVIDUAL PRISONER PRO SE §42 USC 1983 MEDICAL CARE CASES WITH COGN… |
| 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 dismissing Rizzo's Experts (Dr. Wang, Dr. Miloslaysky, Dr. Hodgman) in conflict with the … |
| 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 | (1) Whether the District Court's failure to conduct the analysis required by the Supreme Court in Johnson v. U.S., 135 S.Ct. 2551 (2015) before determ… |
| 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 | UNDER EXISTING LAWS ' SENATE BILL § 1134 (e) (1) OPINION OF EXPERT THAT HAVE BEEN REPUDIATED BY THE EXPERT WHO ORIGINALLY PROVIDED THE OPINION AT A HE… |
| 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 | Based on the totality of the circumstances was there probable cause for the search warrant to issue? Is it permissible for a lay witness to offer tes… |
| 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 | 1. Whether the government's expert's afterthe-fact opinion of the applicable standard of care of Florida Pharmacists is an ex post facto interpretatio… |
| 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 | I). Dr. Merin, had not made contact with a witness to the Criminal charges. The Credibility of her report would have been considered proper. 2). Can … |
| 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 element 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, having not been tendered as an expert witness after interpreting and explaining events that he DID NOT observ… |
| 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 | Question not identified. |
| 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 where counsel learned directly from a juror that the jury had deadlocked 10-2… |
| 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. Booths 6th Amendment Rights, when it clearly showed that due to his counsels unprofessional errors and la:jk of t… |
| 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 | 1. Under 28 U.S.C. § 2254(d)(2) did the California Court of Appeal unreasonably determine the facts critical to a proper Confrontation Clause analysis… |
| 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 | 1. Isa federal agent's testimony about an out-of-court agent's report of drug trafficking by an unindicted coconspirator, when linked to and used agai… |
| 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, AS IT RELATES TO WHAT IS REQUIRED TO PROVE A CONSPIRACY CHARGE IN THE SEX TRAFFICKING OF A CHILD COUNT AND §2… |
| 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 | Question 1. The Trial Presentation Violated My Sixth and fourteenth Amendment Rights to Confront and Cross-Examine His Accussers. Scientific Evidence … |
| 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 | Under Brady v. Maryland, is the prosecution and the DEA required to supply information concerning the failure to report income to the IRS and the SSA … |
| 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 | This Court has recognized there are cases that turn on scientific or technical evidence where "the only reasonable and available defense strategy requ… |
| 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 | QUESTION ONE: Did the petitioner's trial counsel provide constitutionally ineffective assistance, violated petitioner 's right to effective assistance… |
| 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 where that counsel failed thoroughly to prepare to cross-examine forese… |
| 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 | 1. In National Hockey League v Metropolitan Hockey Club, Inc., 427 U.S. 639 (1976), this Court ruled that the failure to comply with Rule 26 and 37 of… | |
| 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 | For an expert's causation opinion to be admissible, do Federal Rule of Evidence 702 and Daubert require additional testing of a plaintiff to eliminate… | |
| 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 | A. Did the Virginia Supreme Court err by effectively affirming a lower court holding that denied relief for Patterson's ineffective assistance of coun… |
| 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 | The Court abused its discretion when it permitted a rebuttal witness who was an expert in pediatric child abuse to testify outside her competency on b… |
| 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 | 1. Have the United States Court of Appeals for the Fifth Circuit and the Texas Court of Criminal Appeals improperly applied Barefoot v. Estelle to cat… |
| 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 | Does preclusion of an accused citizen's PTSD diagnosis, proffered to support her self-defense claim, unconstitutionally impinge on her Due Process gua… |