No. 22-5054

Tyrik Upchurch v. United States

Lower Court: Third Circuit
Docketed: 2022-07-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review due-process evidence-rules expert-testimony expert-witness-testimony judicial-procedure judicial-proceedings lay-witness-testimony new-trial standard-of-review third-circuit trial-error
Key Terms:
Privacy
Latest Conference: 2022-09-28
Question Presented (from Petition)

Did the Court of Appeal s for the Thi rd Ci rcuit so far depart from the accepted
and usual course of judi cial proceedi ngs, or sancti oned such a departure by a l ower
court when i t failed to award the Peti tioner a new tri al as the resul t of error i n the
District Court where the Court al lowed the government to i ntroduce expert wi tness
testimony i n the form of l ay wi tness testi mony?

Question Presented (AI Summary)

Did the Court of Appeals for the Third Circuit err in failing to award the Petitioner a new trial due to the District Court's error in allowing the government to introduce expert witness testimony in the form of lay witness testimony?

Docket Entries

2022-10-03
Petition DENIED.
2022-09-01
DISTRIBUTED for Conference of 9/28/2022.
2022-08-24
Waiver of right of respondent United States to respond filed.
2022-07-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2022)

Attorneys

Tyrik Upchurch
Coley ReynoldsReynolds Firm, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent