rule-701

4 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
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…
20-6141 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 …
19-8456 Thomas Hopes v. United States Third Circuit 2020-05-14 Denied Response WaivedIFP circuit-split essential-elements evidence-standard federal-rules-of-evidence helpfulness law-enforcement-witnesses lay-opinion-testimony personal-perception rule-701 usurping-jury-role The Third Circuit panel majority, deepening a mature circuit split regarding the foundational requirements of Federal Rule of Evidence 701, ruled that…
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…