No. 20-5742

David Tachay Heard v. United States

Lower Court: Eighth Circuit
Docketed: 2020-09-17
Status: Denied
Type: IFP
Relisted (3)IFP
Tags: appellate-review criminal-procedure cross-racial-identification due-process eyewitness-identification federal-standard jury-instruction jury-instructions plain-error standard-of-review
Key Terms:
DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2021-06-17 (distributed 3 times)
Question Presented (from Petition)

1. Should federal district courts be required to give a cautionary jury instruction, upon a defendant's request, to guide the jury's evaluation of eyewitness identification testimony when identification is an issue in the case?

2. Should appellate review of a decision on a suppression motion be confined to the evidence that was m the record when the trial court decided the motion?

3. When an indictment fails to allege that a defendant charged with being a felon in possession of a firearm knew of his status as a felon, does a district court commit plain error by failing to instruct the jury that the government must prove the defendant's knowledge that he was a felon when he possessed the firearm?

Question Presented (AI Summary)

Should federal district courts be required to give a cautionary jury instruction, upon a defendant's request, to guide the jury's evaluation of eyewitness identification testimony when identification is an issue in the case?

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-21
Rescheduled.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-11-20
Memorandum of respondent United States filed.
2020-11-13
Motion to extend the time to file a response is granted and the time is further extended to and including November 20, 2020.
2020-11-12
Motion to extend the time to file a response from November 18, 2020 to November 20, 2020, submitted to The Clerk.
2020-10-14
Motion to extend the time to file a response is granted and the time is extended to and including November 18, 2020.
2020-10-13
Motion to extend the time to file a response from October 19, 2020 to November 18, 2020, submitted to The Clerk.
2020-09-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2020)

Attorneys

David Heard
Raphael M ScheetzLaw Office of Raphael M. Scheetz, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent