No. 18-5502

Susan Joy Jacobson v. Arizona

Lower Court: Arizona
Docketed: 2018-08-09
Status: Denied
Type: IFP
IFP
Tags: compulsory-process confrontation-clause due-process expert-testimony ptsd ptsd-diagnosis self-defense sixth-amendment
Latest Conference: 2018-10-05
Question Presented (from Petition)

Does preclusion of an accused citizen's PTSD diagnosis, proffered to support her self-defense claim, unconstitutionally impinge on her Due Process guarantee of a meaningful opportunity to present a complete defense?

Is a PTSD diagnosis proper "observation evidence", or does such a diagnosis constitute inadmissible "opinion testimony" under Clark v. Arizona, 548 U.S. 745, 126 S.Ct. 2709 (2006)?

Did the Arizona Court of Appeals err, and thus again violate Petitioner's Due Process right to present a complete defense, in categorizing Petitioner's proffered evidence of cortisol's effects as inadmissible diminished capacity evidence?

Question Presented (AI Summary)

Whether preclusion of an accused citizen's PTSD diagnosis, proffered to support her self-defense claim, unconstitutionally impinges on her Due Process guarantee of a meaningful opportunity to present a complete defense

Docket Entries

2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-08-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)

Attorneys

Susan Jacobson
Brad BranskyCoconino County Public Defender, Petitioner