No. 22-5190

Rafael Cortez-Oropeza v. United States

Lower Court: First Circuit
Docketed: 2022-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: admissibility-of-evidence atf bureau-of-alcohol-tobacco-and-firearms criminal-procedure evidence expert-testimony firearms interstate-commerce judicial-discretion legal-standard
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. Should certiorari be granted where the district court itself called
this case a "close" situation when an unqualified Special Agent with the
Bureau of Alcohol, Tobacco and Firearm s, who had never before been
called as an expert on interstate commence, testified as an expert on
whether the firearm s and ammunition seized in Petitioner's home had
been shipped or transported in interstate commerce?

Question Presented (AI Summary)

Whether the district court erred in allowing an unqualified ATF agent to testify as an expert on interstate commerce

Docket Entries

2022-10-03
Petition DENIED.
2022-08-11
DISTRIBUTED for Conference of 9/28/2022.
2022-08-08
Waiver of right of respondent United States to respond filed.
2022-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2022)

Attorneys

Rafael Cortez-Oropeza
Steven A. FeldmanFeldman & Feldman, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent