No. 23-14
Delilah Guadalupe Diaz v. United States
Tags: criminal-procedure drug-trafficking evidence evidence-law expert-testimony mens-rea mental-state rule-704(b) rule-704b
Latest Conference:
2023-11-09
(distributed 2 times)
Question Presented (from Petition)
In a prosecution for drug trafficking—where an element of the offense is that the defendant knew she was carrying illegal drugs—does Rule 704(b) permit a governmental expert witness to testify that most couriers know they are carrying drugs and that drug-trafficking organizations do not entrust large quantities of drugs to unknowing transporters?
Question Presented (AI Summary)
In a prosecution for drug trafficking—where an element of the offense is that the defendant knew she was carrying illegal drugs—does Rule 704(b) permit a governmental expert witness to testify that most couriers know they are carrying drugs and that drug-trafficking organizations do not entrust large quantities of drugs to unknowing transporters?
Docket Entries
2024-07-22
Judgment Issued.
2024-06-20
Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kavanaugh, Barrett, and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
2024-03-19
Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
2024-02-23
Reply of petitioner Delilah Diaz filed. (Distributed)
2024-02-14
CIRCULATED
2024-02-01
Brief amici curiae of John Monahan, et. al. filed.
2024-01-30
Sealed material received electronically from the United States Court of Appeals for the Ninth Circuit and available with the Clerk. The remainder of the record is electronic and is available on PACER.
2024-01-29
Record requested from the United States Court of Appeals for the Ninth Circuit.
2024-01-29
SET FOR ARGUMENT on Tuesday, March 19, 2024.
2024-01-26
Brief of respondent United States filed.
2024-01-16
Motion to file petitioner's brief on the merits under seal with redacted copies for the public record GRANTED.
2024-01-03
Brief amicus curiae of National Association of Federal Defenders filed.
2024-01-03
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2023-12-27
Joint appendix filed. (Statement of costs filed)
2023-12-27
Redacted brief of petitioner Delilah Diaz filed.
2023-12-27
Motion to file petitioner's brief on the merits under seal with redacted copies for the public record filed by petitioner Delilah Diaz.
2023-11-13
Petition GRANTED.
2023-11-06
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Reply of petitioner Delilah Diaz filed. (Distributed)
2023-10-18
DISTRIBUTED for Conference of 11/3/2023.
2023-09-28
Brief of respondent United States in opposition filed.
2023-09-01
Motion to extend the time to file a response is granted and the time is further extended to and including September 28, 2023.
2023-08-31
Motion to extend the time to file a response from September 5, 2023 to September 28, 2023, submitted to The Clerk.
2023-07-27
Motion to extend the time to file a response is granted and the time is extended to and including September 5, 2023. See Rule 30.1.
2023-07-26
Motion to extend the time to file a response from August 4, 2023 to September 4, 2023, submitted to The Clerk.
2023-06-30
Petition for a writ of certiorari filed. (Response due August 4, 2023)
2023-05-02
Application (22A954) granted by Justice Kagan extending the time to file until July 1, 2023.
2023-04-28
Application (22A954) to extend the time to file a petition for a writ of certiorari from June 1, 2023 to July 1, 2023, submitted to Justice Kagan.
Attorneys
Delilah Diaz
John Monahan, David Faigman, et al.
National Association of Criminal Defense Lawyers
National Association of Federal Defenders
United States
Elizabeth B. Prelogar — Solicitor General, Respondent