No. 20-528

Nicholas S. Baas v. United States

Lower Court: Armed Forces
Docketed: 2020-10-20
Status: Denied
Type: Paid
Response Waived
Tags: confrontation-clause court-martial daubert-standard due-process scientific-evidence sixth-amendment unanimous-verdict
Latest Conference: 2020-12-04
Question Presented (from Petition)

1. In light of this Court's decision in Ramos v.
Louisiana, does it violate a military servicemember's
Sixth Amendment and due process rights to allow for
a conviction for non-capital offenses by a general
court-martial with a less-than unanimous guilty
verdict from a panel of court-martial members?

2. Where the Government's efforts result in a
privately-owned laboratory creating scientific test
results and the Government seeks to admit those
results against the defendant, does the Confrontation
Clause of the Sixth Amendment to the Constitution
require testimony before the factfinder by a person
involved with scientific testing at the privately-owned
laboratory?

3. Whether scientific evidence must meet a
minimum reliability standard of being more likely
than chance to prove, in a particular case, what it is
offered to prove, in order to be admissible under this
Court's decisions in Daubert v. Merrell Dow
Pharmaceuticals, General Electric v. Joiner, and
Kumho Tire Co. v. Charmichael?

Question Presented (AI Summary)

Whether a military servicemember's Sixth Amendment and due process rights are violated by allowing a conviction for non-capital offenses by a general court-martial with a less-than unanimous guilty verdict

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-03
Waiver of right of respondent United States to respond filed.
2020-10-15
Petition for a writ of certiorari filed. (Response due November 19, 2020)

Attorneys

Nicholas Baas
Daniel Evan RosinskiAppellate Defense Counsel, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent