No. 21-6314

Carl Alvin Cushing v. United States

Lower Court: Tenth Circuit
Docketed: 2021-11-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-trials evidence-evaluation expert-testimony federal-rule-of-evidence-702 federal-rules-of-evidence jury-function law-enforcement law-enforcement-experts percipient-witnesses prosecutorial-discretion
Latest Conference: 2022-01-07
Question Presented (from Petition)

Where all the percipient witnesses in a case have testified in a manner unsatisfactory to the government's prosecution, under Federal Rule of Evidence 702, which requires an expert's testimony to "help the trier of fact to understand the evidence or to determine a fact in issue," may the government be allowed to introduce law enforcement 'experts' to provide testimony that contradicts its own percipient witnesses in order to make its case? Should these officers have any limitations placed on their testimony?

Question Presented (AI Summary)

Whether law enforcement expert testimony contradicting percipient witnesses satisfies Federal Rule of Evidence 702

Docket Entries

2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-12-02
Waiver of right of respondent United States to respond filed.
2021-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2021)

Attorneys

Carl Cushing
William Dixon Lunn Jr.Attorney At Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent