| 25-919 |
Union Carbide Corporation, et al. v. Lee Ann Sommerville |
Fourth Circuit |
2026-02-04 |
Pending |
|
admissibility burden-of-proof evidentiary-standard expert-witness federal-rules-of-evidence judicial-circuit-split |
Whether, under Federal Rule of Evidence 702, challenges to the factual basis of an expert witness's testimony always go to the weight of the evidence … |
| 25-6125 |
Sylvia Olivas, aka Sylvia Lee Gavaldon v. United States |
Ninth Circuit |
2025-11-14 |
Denied |
Response WaivedIFP |
dual-role-testimony evidence-admissibility expert-witness gatekeeping-role rule-403 rule-702 |
A witness who testifies as a lay witness offering either factual testimony and/or lay opinion testimony and also testifies as an expert offering exper… |
| 24-6906 |
Reginald Mack v. United States |
Fourth Circuit |
2025-04-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion expert-witness jury-intelligence medical-malpractice spoliation summary-judgment |
Spoliation by the non-moving party: Spoliation refers to the destruction or significant alteration of evidence, or the failure to preserve property fo… |
| 24-6305 |
Francisco Villanueva v. United States |
Eighth Circuit |
2025-01-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process expert-witness eyewitness-testimony identification-procedure suggestive-circumstances |
Whether accused citizens are entitled to present expert eyewitness testimony when unduly suggestive circumstances surround the identification? |
| 24-167 |
Tim Makoto Nukida v. California |
California |
2024-08-15 |
Denied |
|
criminal-procedure cruel-unusual-punishment csaas-testimony due-process eighth-amendment expert-witness |
1. State courts of last resort are intractably divided over the admissibility of Child Sexual Abuse Accommodation Syndrome (CSAAS). Should certiorari … |
| 24-5262 |
Stephen Tripodi v. David Fero, et al. |
Ninth Circuit |
2024-08-07 |
Denied |
Response WaivedIFP |
discrimination due-process expert-witness medical-malpractice pro-se-litigant veterans-affairs |
1. Does the ninth circuit's affirmation, granting summary judgment for failing to produce expert witness by a pro se litigant when a pro se litigant i… |
| 23-7782 |
Jake Paul Heiney v. Heidi E. Washington |
Sixth Circuit |
2024-06-24 |
Denied |
Response WaivedIFP |
brady-violations certificate-of-appealability confrontation-clause cross-examination-limitations expert-witness habeas-corpus ineffective-assistance-of-counsel sufficiency-of-evidence |
1. To convict, the statute required the medical provider to be engaging in "sexual
contact " which was "medically recognized as unethical or unaccepta… |
| 23-7526 |
Thomas Webster v. Natalie Haskins, Program Director, Haskins Residential Care |
Ninth Circuit |
2024-05-21 |
Denied |
Relisted (2)IFP |
appellate-review civil-procedure due-process evidence evidentiary-rules expert-witness judicial-procedure judicial-proceedings motion-timing standards-of-review |
Question One (1).
The lower Court and the Court of last resort affirmed a decision to allow the Defendant to
introduce a crucial piece of evidence, an… |
| 23-1170 |
Franck William Yao v. Tamara Yao |
Missouri |
2024-04-30 |
Denied |
|
best-interest-of-child best-interest-standard child-custody civil-procedure dual-citizenship expert-witness family-law judicial-consideration state-court testimony |
Whether the state courts erred in using Petitioner's dual citizenship status as consideration in their final judgment.
Whether the state courts prope… |
| 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… |
| 23-6923 |
Curtis Gorham v. Gary H. Lavine, et al. |
Florida |
2024-03-07 |
Denied |
Response WaivedIFP |
civil-procedure discovery due-process expert-witness medical-malpractice standing |
Can a medical expert not review matters? Can the hospital not give me informal discovery or cooperate in an investigation and the defense is then clai… |
| 23-6843 |
Joseph A. Crenshaw v. Florida |
Florida |
2024-02-28 |
Denied |
Response WaivedIFP |
due-process expert-witness fair-trial fourteenth-amendment ineffective-assistance post-conviction sixth-amendment trial-procedure |
1. Does a trial court's "tender and accept" procedure of an expert witness in front of a jury violative of a Defendant's Sixth Amendment right to a fa… |
| 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… |
| 23-6177 |
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… |
| 23-5524 |
Michael Jones, Jason Reed, and Shaun Myers v. United States |
Seventh Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
burden-of-proof daubert daubert-standard dual-role-testimony due-process evidence expert-witness fifth-amendment standard-of-review |
A government witness who testifies as both an investigative fact witness and as an expert witness, pursuant to Rule 702 of the Federal Rules of Eviden… |
| 23-5400 |
Nathan Leon Branham v. Michigan |
Michigan |
2023-08-18 |
Denied |
IFP |
compulsory-process curriculum-vitae defense-expert due-process expert-witness fourteenth-amendment right-to-present-defense sixth-amendment |
ISSUES RAISED BY DEFENDANT IN pro per ON DIRECT APPEAL ::
WHEN THE PROSECUTION IS HIGHLY FAMILIAR WITH AN EXPERT, WAS IT A
DRASTIC SANCTION FROM THE… |
| 23-5393 |
Shaun N. Taylor v. Illinois |
Illinois |
2023-08-18 |
Denied |
Response WaivedIFP |
ake-v-oklahoma criminal-procedure due-process expert-appointment expert-witness fourteenth-amendment indigent-defendant insanity-expert mental-competency mental-health right-to-counsel |
I. Do this Court's decisions in Ake v. Oklahoma and McWilliams v. Dunn require the appointment of a second insanity expert for an indigent defendant w… |
| 23-5033 |
Rick John Morales, Jr. v. United States |
Ninth Circuit |
2023-07-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-diligence expert-witness government-action speedy-trial trial-procedure trial-scheduling witness-appearance |
Whether sending an email asking if there is a "better" date for an expert witness qualifies as the Government's requirement to act with "due diligence… |
| 22-7905 |
Tikisha Upshaw v. California |
California |
2023-06-29 |
Denied |
IFP |
cell-phone-location co-defendant criminal-procedure due-process evidence-admissibility expert-witness fair-trial jury-instructions police-testimony scientific-reliability witness-testimony |
Question not identified. |
| 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… |
| 22-7491 |
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… |
| 22-6985 |
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… |
| 22-6037 |
Spencer Jean v. United States |
Second Circuit |
2022-11-10 |
Denied |
Response WaivedIFP |
18-usc-924c 6th-amendment criminal-procedure disclosure-requirements due-process expert-witness fair-trial government-misconduct rule-16-disclosure sixth-amendment |
I. This Court should Grant certiorari review, Vacate the lower court's judgment, and Remand the case (GVR) based on the court of appeals error in affi… |
| 22-5986 |
Raymond Howard v. United States |
Third Circuit |
2022-11-03 |
Denied |
Response WaivedIFP |
6th-amendment confrontation-clause criminal-procedure due-process expert-witness late-notice |
Whether the District Court's decision to allow the testimony of the Government's key expert witness over the Petitioner's objection based on late noti… |
| 22-5444 |
Robert JW McCleland v. Rick Raemisch, et al. |
Tenth Circuit |
2022-08-24 |
Denied |
IFP |
expert-witness indigent-litigants judicial-notice medical-evidence medical-information pro-se pro-se-litigant rule-201 rule-706 undue-burden |
1. Does requiring an expert witness to present medical information, pursuant to Fed.R.Evid. Rule 201 Judicial Notice, create an undue burden on the co… |
| 22-5442 |
Powell Jones, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-24 |
Denied |
IFP |
ake-v-oklahoma certificate-of-appealability civil-procedure due-process due-process-expert expert-witness fifth-circuit-appeal ineffective-assistance standing strickland-standard strickland-v-washington |
I. Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a certificate of a… |
| 22-126 |
Gould Electronics, Inc. v. Livingston County Road Commission |
Sixth Circuit |
2022-08-09 |
Denied |
Relisted (2) |
cercla cost-recovery environmental-liability expert-witness expert-witness-fees lobbying necessary-costs-of-response recovery regulatory-determination remedial-action tce-contamination |
1. Are fees paid to an expert witness "necessary costs of response" that can be recovered under Section 107(a) of CERCLA?
2. Are fees paid to a consu… |
| 21-7660 |
Scott McLaughlin v. Anne L. Precythe, Director, Missouri Department of Corrections |
Eighth Circuit |
2022-04-20 |
Denied |
IFP |
capital-habeas cumulative-errors expert-witness ineffective-assistance ineffective-assistance-of-counsel mental-illness opening-statement prejudice-analysis sixth-amendment strickland-standard strickland-v-washington |
In this Missouri capital habeas case, Scott McLaughlin's trial counsel failed to investigate the background and credibility of Dr. Keith Caruso who wa… |
| 21-7533 |
Ion Stanciu v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-04-05 |
Denied |
IFP |
constitutional-violation criminal-procedure due-process expert-witness fourteenth-amendment habeas-corpus ineffective-assistance medical-evidence state-misconduct |
WHEN A STATE TOGETHER WITH STATE'S EXPERT WITNESS CHANGE THE ORIGINAL VERSION OF MEDICAL EVIDENCE INTO A NEW COMPLETE DIFFERENT VERSION, TO LINK THE A… |
| 21-7476 |
Samuel Lee Dantzler v. Randee Rewerts, Warden |
Sixth Circuit |
2022-03-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process expert-witness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel scientific-evidence sixth-amendment |
1. Whether it is clearly established federal law that a criminal defendant is entitled to a scientific expert that is essential to confront scientific… |
| 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… |
| 21-6700 |
Tremaine Rashon Wray v. Dennis Bush, Warden |
Fourth Circuit |
2021-12-22 |
Denied |
Response WaivedIFP |
appellate-procedure constitutional-rights due-process effective-assistance-of-counsel expert-witness forensic-evidence fourteenth-amendment ineffective-assistance-of-counsel post-conviction-review sixth-amendment |
Whether Petitioner was denied his Sixth Amendment right to effective assistance of counsel at the PCR hearing, by trial Counsel's failure to object to… |
| 21-6675 |
Robert JW McCleland v. Rick Raemisch, et al. |
Tenth Circuit |
2021-12-22 |
Denied |
Response WaivedIFP |
28-usc-1915 civil-procedure civil-rights due-process expert-witness fed-r-evid-706 indigent-party judicial-notice medical-facts pro-bono-counsel standing summary-judgment |
1. Whether the appellate courts should apply case law established under
Fed.R.Evid. 706, which denies the appointment of expert witnesses because of
… |
| 21-5836 |
Christopher Wilson v. Mississippi |
Mississippi |
2021-09-30 |
Denied |
Response WaivedIFP |
5th-amendment appellate-review civil-rights due-process expert-witness fraud |
When state court officers knowingly misrepresented material facts to the court and jurors about the case that were fabricated by the stress expert wit… |
| 21-5825 |
Raqib Abdul Al-Amin v. South Carolina |
South Carolina |
2021-09-29 |
Denied |
IFP |
compulsory-process constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment drug-offense due-process eighth-amendment evidence expert-witness mandatory-minimum sentencing-guidelines |
Whether the South Carolina Supreme Court error to akfirm the trial Coust's suling where the trial Court was convinced by the Sthte's 'thired-party gui… |
| 21-5152 |
Lewis R. Fox v. Ohio |
Ohio |
2021-07-21 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-question criminal-defense criminal-procedure expert-witness expert-witnesses ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-relief res-judicata |
1) Whether a trial counsel is to be considered incompetent when s/he fails to consult with their client (the criminal defendant) about their financial… |
| 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… |
| 20-8293 |
Louis John Fontanez v. United States |
Eighth Circuit |
2021-06-14 |
Denied |
Response WaivedIFP |
§2255-motion 21-usc-841 but-for-causation criminal-procedure due-process expert-witness expert-witnesses habeas-corpus ineffective-assistance-of-counsel penalty-enhancement |
Was counsel constitutionally ineffective because he failed to consult or hire expert witnesses to investigate tte but-for causation of the victim's in… |
| 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… |
| 20-7618 |
Krystal Alexander-Jasmin v. Santa Monica Police Department, et al. |
Ninth Circuit |
2021-03-31 |
Denied |
Response WaivedIFP |
appellate-procedure civil-procedure civil-rights constitutional-law due-process expert-witness governmental-immunity judicial-review separation-of-powers standing |
Did the Ninth Circuit Court of Appeals err in its dissent from well-established Constitutional and case law authored by its own court, and law authore… |
| 20-1246 |
Anna Valentine, Warden v. Johnny Phillips |
Sixth Circuit |
2021-03-09 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review brady-disclosure brady-v-maryland credibility-determination district-court expert-witness federal-civil-procedure federal-habeas habeas-corpus standard-of-review |
(1) Did the Sixth Circuit violate Fed. Rule Civ. P. 52(a)(6) when it failed to apply the proper, heightened and deferential standard to the district c… |
| 20-7055 |
Bernard F. Verrett v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
criminal-defense defense-expert due-process expert-witness fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel intent intent-element sixth-amendment strickland-standard |
QUESTION 1: Whether Strickland requires counsel to procure an adequate defense expert to negate or mitigate the intent element of the crime when that … |
| 20-6835 |
Otha S. Hamilton v. Dennis Reagle, Warden |
Seventh Circuit |
2021-01-11 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-conviction expert-witness ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence medical-evidence physical-impossibility priapism-surgery witness-testimony |
1. Whether the Seventh Circuit erred in finding no substantial showing of the denial of a constitutional right, when trial counsel failed to investiga… |
| 20-6765 |
Kevin Wayne Dickson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-01-04 |
Denied |
IFP |
appeal appellate-procedure civil-rights constitutional-interpretation due-process expert-witness ineffective-assistance-of-counsel judicial-review legal-sufficiency standard-of-review state-court-review |
Did the Fifth Court of Appeals commit error for concluding that Appellant's ineffective assistance of counsel claim was not debatable among jurists wh… |
| 20-6496 |
Michael Alford v. United States |
Eleventh Circuit |
2020-12-02 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure due-process evidentiary-hearing expert-services expert-witness forensic-evidence ineffective-assistance-of-counsel legal-assistance motion-of-innocence pro-se-litigant right-to-counsel |
Wheth The Court erred in Refusing To Order legal assistance and forensic Software expert assist. To Obtain and Subrit factual evidence of The Microsof… |
| 20-5498 |
John Silvia, Jr. v. United States |
First Circuit |
2020-08-26 |
Denied |
Response WaivedIFP |
attorney-performance client-representation criminal-procedure discovery evidence-preservation exculpatory-evidence expert-consultation expert-witness ineffective-assistance ineffective-assistance-of-counsel subpoena witness-interview |
This case raises the question of whether an attorney can be found to
have rendered effective assistance of counsel where he failed to review a
signifi… |
| 20-217 |
Richard Balter v. United States |
Fourth Circuit |
2020-08-25 |
Denied |
|
expert-witness federal-tort-claims-act medical-malpractice proximate-cause standard-of-care virginia-medical-malpractice-act |
Does the Virginia Medical Malpractice Act's requirement that a plaintiff possess a written opinion signed by an expert witness that, based upon a reas… |
| 20-5258 |
Nikole Marie Hunter v. Government Employees Insurance Company |
Fourth Circuit |
2020-08-05 |
Denied |
Response WaivedIFP |
anderson-v-liberty-lobby civil-procedure evidence evidence-interpretation expert-witness judicial-function procedural-rules standard-of-review summary-judgment supreme-court-precedent tolan-v-cotton |
1. Whether the District Court, failing to review such evidence and ignoring the Plaintiffs expert witness testimony, conflict with Supreme Court prece… |
| 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… |
| 20-5155 |
Charles E. Coughlin v. United States |
District of Columbia |
2020-07-23 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2255 constitutional-right constitutional-rights district-court-discretion evidentiary-hearing expert-witness ineffective-assistance-of-counsel medical-expert-witnesses strategic-decision unreasonable-determination |
1. Whether the court of appeals erred in denying petitioner's claim of ineffective assistance of counsel holding "appellant has not made a substantial… |
| 19-8847 |
Michael D. Nixon v. United States |
Sixth Circuit |
2020-07-07 |
Denied |
Response WaivedIFP |
18-USC-3006A constitutional-rights criminal-procedure due-process expert-witness funding-denial geo-location indigent-defendant sixth-amendment statutory-interpretation |
Whether Michael D. Nixon's constitutional rights were violated when the District Court failed to grant him, an indigent defendant, funding for a geo-l… |
| 19-8545 |
Duane Blake v. Florida |
Florida |
2020-05-27 |
Denied |
Response WaivedIFP |
appellate-review constitutional-rights criminal-procedure due-process evidence expert-witness jury post-conviction-relief procedural-default |
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| 19-7659 |
Ashley Rios, et vir v. West Virginia Department of Health and Human Resources |
West Virginia |
2020-02-14 |
Denied |
Response WaivedIFP |
abuse-neglect abuse-or-neglect child-custody due-process expert-witness foster-placement indian-child-welfare-act knowing-waiver parental-rights qualified-expert-witness statutory-interpretation waiver |
In a case involving the Indian Child Welfare Act ("ICWA"), 25 U.S.C. §§ 1901 – 1923 (1978), may a court deny a petition to invalidate the proceeding w… |
| 19-7644 |
George Jones v. Cindy Griffith, Warden |
Eighth Circuit |
2020-02-12 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion alford-plea appeal credibility direct-appeal expert-witness expert-witness-credibility ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies prejudice sentencing-discrepancy trial-court-discretion |
1. Has prejudice been shown where defense counsel fails to
investigate the credibility of the Defense's expert witness,
causing said expert witness … |
| 19-7275 |
Cecil Boyett v. New Mexico |
New Mexico |
2020-01-14 |
Denied |
Response WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure defense-rights discovery-rules due-process exculpatory-evidence expert-witness fourteenth-amendment habeas-corpus judicial-discretion prosecutorial-misconduct sixth-amendment state-court state-prosecution |
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THE tHiHteeht H Judicial b<37&CT Cjduat orN&n./Dexivd und&l the
Dub Proces… |
| 19-855 |
Lenin Lugo v. United States |
Eleventh Circuit |
2020-01-08 |
Denied |
Amici (1) |
circuit-split expert-witness expert-witness-testimony federal-rules-of-evidence law-enforcement-opinion lay-witness lay-witness-testimony professional-experience rule-701 rule-702 |
Under Federal Rule of Evidence 702, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in opinion fo… |
| 19-843 |
Daniel K. Holtzclaw v. Oklahoma |
Oklahoma |
2020-01-06 |
Denied |
|
defense-counsel-exclusion dna-evidence due-process ex-parte-hearing exculpatory-evidence expert-witness fair-trial forensic-expert in-camera-hearing materiality-standard prosecutorial-misconduct |
1. DNA evidence played a central role in this sexual assault case, in the form of a "match" between DNA from a complaining witness and the major contr… |
| 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… |
| 19-6495 |
Brent Curtis Schwertz v. Richard Jennings, Warden |
Eighth Circuit |
2019-11-05 |
Denied |
Response WaivedRelisted (2)IFP |
accidental-discharge americans-with-disabilities-act brady-disclosure brady-violation criminal-procedure due-process expert-witness firearms-examination ineffective-assistance-of-counsel mistrial right-to-counsel strickland-standard |
Consistent with the holding in Strickland v. Washington, 466 U.S. 668 (1984), which held that to prove prejudice on a claim of ineffective assistance … |
| 19-6365 |
Deontae Travohn Davis v. Duncan MacLaren, Warden |
Sixth Circuit |
2019-10-24 |
Denied |
IFP |
civil-rights confrontation-clause criminal-procedure cross-examination due-process expert-witness handwriting-expert perjury preliminary-examination |
CAN THIS COURT EXTEND EXPERT WITNESS NEEDED BEYOND PSYCHIATRIST SPECIALIST BECAUSE COURTS REFUSED OFFER HANDWRITING EXPERT TO ASSIST PETITIONER DEFENS… |
| 19-6270 |
Darren Paul Odell v. Minnesota |
Minnesota |
2019-10-15 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights due-process expert-witness ineffective-assistance-counsel ineffective-assistance-of-counsel interests-of-justice mental-illness newly-discovered-evidence post-conviction-relief professional-ethics prosecutorial-misconduct standing time-bar-exception |
(1)Article from Summer 2016 issue in Cure-Sort News Vol. 25, Issue 3 under heading, Letters From Across the Nation, which are damaging. Info found at … |
| 19-6069 |
Kevin Dewitt Skaggs v. Ron Baker, Warden, et al. |
Tenth Circuit |
2019-09-26 |
Denied |
IFP |
criminal-procedure criminal-procedure-sixth-amendment cumulative-analysis evidence expert-consultation expert-witness ineffective-assistance-of-counsel overwhelming-evidence pre-trial-investigation sixth-amendment strickland-standard strickland-v-washington trial-strategy |
Whether defense counsel performs unreasonably under the Sixth Amendment if their pre-trial and trial investigations and strategies are based on their … |
| 19-5566 |
Reilies Wayne Miller v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-08-13 |
Denied |
Response WaivedIFP |
chapman-v-california closing-arguments darden-v-wainwright due-process expert-witness fourteenth-amendment harmless-error jury-instruction jury-instructions self-defense sixth-amendment |
1. Consistent with the Fourteenth Amendment and Chanman v. California . 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967) could the harmless error anal… |
| 19-5437 |
Ekaterini Alexopoulos v. Steven Goldsmith, P.A., et al. |
Florida |
2019-08-02 |
Denied |
IFP |
district-court-error duty-to-control duty-to-control-third-person ethics-violation expert-witness federal-rules-of-evidence legal-malpractice rule-702 special-relation standard-of-care |
1. The issue presented by Petitioner's Writ of Certiorari in this legal malpractice case is not whether a properly instructed jury could have ruled in… |
| 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 … |
| 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… |
| 18-1409 |
Saied Emami v. Jim Bridenstine, Administrator, National Aeronautics and Space Administration, et al. |
Fourth Circuit |
2019-05-09 |
Denied |
Response Waived |
abuse-of-discretion civil-rights civil-rights-act-of-1964 discovery discrimination due-process employment-discrimination expert-witness procedural-due-process retaliation sanctions scheduling-order title-vii |
Whether the Respondent's counsel that failed to comply with the District Court Scheduling Order necessarily violate procedural due process rights of t… |
| 18-9094 |
Marty J. Hebert v. Louisiana |
Fifth Circuit |
2019-05-02 |
Denied |
Response WaivedIFP |
autopsy-findings autopsy-testimony constitutional-error criminal-procedure discovery due-process exculpatory-evidence expert-witness fifth-amendment grand-jury grand-jury-testimony prosecutorial-misconduct second-degree-murder sixth-amendment |
The State expert witness Dr. Emile Laga testified before the grand jury concerning his findings of the autopsy of the murder victim and the state secu… |
| 18-8800 |
Stephen R. Winn v. Dana Metzger, Warden, et al. |
Third Circuit |
2019-04-11 |
Denied |
IFP |
appellate-review civil-procedure civil-procedure-expert-testimony due-process evidence expert-witness fair-trial judicial-discretion testimony |
Question not identified. |
| 18-8111 |
Rossahn Black v. United States |
Sixth Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
bullcoming confrontation confrontation-clause evidence-admissibility expert-witness forensic-evidence forensic-testimony melendez-diaz melendez-diaz-precedent ninth-circuit-interpretation sixth-amendment testimony |
I. Whether this Court's decision in Melendez-Diaz v. Massachusetts, 557 U.S. 305, 129 5.Ct. 2527 (2009) and Builcoming v. New Mexico, 5614 U.S. 647, 1… |
| 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… |
| 18-7780 |
Joseph Lemoine v. Darrel Vannoy, Warden |
Fifth Circuit |
2019-02-06 |
Denied |
Response WaivedIFP |
burden-of-proof burden-of-proof-beyond-reasonable-doubt constitutional-rights daubert-standard due-process effective-assistance-of-counsel essential-elements-of-offense expert-witness fourteenth-amendment reasonable-doubt sixth-amendment sufficiency-of-evidence |
Whether reasonable jurists could argue that the State failed to meet its burden of proof beyond a reasonable doubt, every essential element of the off… |
| 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 … |
| 18-7322 |
Robert R. Yerton, Jr. v. Jason Bryant, Warden |
Tenth Circuit |
2019-01-09 |
Denied |
Relisted (2)IFP |
appeal confrontation-clause criminal-appeal criminal-procedure due-process expert-witness federal-appeal indigent-defense sixth-amendment tenth-circuit |
Whether the Tenth Circuit Court erred in holding - in conflict with the Second, Fifth, Sixth, Ninth, the D.C., and other Circuit Courts - that The Dis… |
| 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. |
| 18-799 |
Deborah J. Davis v. Mehul Bhatt |
Georgia |
2018-12-21 |
Denied |
Response WaivedRelisted (2) |
administrative-law battery-claims civil-procedure civil-rights constitutional-law due-process equal-protection expert-witness georgia-state-law legal-procedure medical-malpractice standing takings |
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… |
| 18-675 |
Lisa M. West v. Missouri |
Missouri |
2018-11-23 |
Denied |
Response Waived |
abuse-of-discretion admissibility conviction-and-sentence criminal-appeal daubert-review daubert-standard evidence-admissibility expert-witness judicial-review missouri-law scientific-testimony standard-of-review trial-court-discretion |
1. Whether this court should require a de nova review of the trial court's handling of scientific testimony to determine whether Daubert v. Merrell Do… |
| 18-674 |
Jedidiah Isaac Murphy v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-11-23 |
Denied |
|
brady-violation criminal-procedure-error cross-examination due-process expert-witness habeas-corpus ineffective-assistance-of-counsel materiality materiality-standard presumption-of-correctness prosecutorial-misconduct psychological-evaluation standard-of-review |
1. Whether the court of appeals erred in requiring that an expert witness, instead of trial counsel, correct the false impression that the prosecutor … |
| 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… |
| 18-6015 |
Gustavo Torres-Medel v. Jacqueline Lashbrook, Warden |
Seventh Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
cross-examination defense-presentation discovery expert-witness ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sixth-amendment-rights trial-counsel |
Were Acker dents Sixth Ameadment rights
tt preloted when
DD frial counsel Farled to utilize an expert
ness
trial counsel farted te present delense
He… |
| 18-246 |
Mary L. Doherty, et al. v. Allstate Indemnity Company |
Third Circuit |
2018-08-27 |
Denied |
|
anderson-v-liberty-lobby due-process expert-witness expert-witness-reports expert-witness-testimony fifth-amendment hearsay hearsay-evidence insurance-contract jury-trial mend-the-hold mend-the-hold-doctrine seventh-amendment summary-judgment |
Whether the affirmed Rule 56 summary judgment decision is inconsistent with the standard set forth in Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1… |
| 18-5653 |
Pamela Lynn Bravebull v. United States |
Eighth Circuit |
2018-08-20 |
Denied |
Response WaivedIFP |
cross-examination due-process evidence-rules expert-witness fair-trial federal-rules-of-evidence fifth-amendment sixth-amendment structural-error venireperson |
1. Evidence upon which the jury may rely in convicting a defendant must come through qualified sworn witnesses, not through a colloquy with a venirepe… |
| 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… |
| 18-5201 |
Henry Bryan Lowe v. Darrel Vannoy, Warden |
Fifth Circuit |
2018-07-11 |
Denied |
IFP |
14th-amendment 5th-amendment 6th-amendment brady-v-maryland civil-rights constitutional-rights criminal-procedure due-process evidence evidence-suppression expert-witness fifth-amendment ineffective-assistance sixth-amendment |
Reasonable jurists would determine that defense counsel rendered ineffective assistance of counsel when he failed to: A) object to the introduction of… |