No. 19-7133

Angel Noel Guevara v. United States

Lower Court: Ninth Circuit
Docketed: 2019-12-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 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
Key Terms:
DueProcess Privacy
Latest Conference: 2020-02-21
Related Cases: 19-7089 (Vide) 19-7149 (Vide) 19-7151 (Vide)
Question Presented (from Petition)

1. Whether excluding expert testimony on eyewitness memory and police lineup procedures violates the Sixth Amendment right to present a defense, or constitutes an abuse of discretion under Rule 403, when eyewitnesses must identify a stranger, no substantial independent evidence corroborates identification, and expert testimony is the sole defense?

2. Whether the government violates Brady v. Maryland and the Fifth and Sixth Amendment rights to due process and cross-examination by withholding ex parte arrests, detentions, court hearings, and government contacts, it used to secure eyewitness trial testimony, and whether a defendant is entitled to an evidentiary hearing to determine whether the government's activities materially affected eyewitness credibility, when defendant learns about suppressed information on appeal?

Question Presented (AI Summary)

Whether excluding expert testimony on eyewitness memory and police lineup procedures violates the Sixth Amendment right to present a defense, or constitutes an abuse of discretion under Rule 403

Docket Entries

2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2020-01-09
Waiver of right of respondent United States to respond filed.
2019-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2020)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent