No. 23-616

Estate of William Han Manstrom-Greening, Through Carol J. Manstrom, Personal Representative v. Lane County, Oregon, et al.

Lower Court: Ninth Circuit
Docketed: 2023-12-07
Status: Denied
Type: Paid
Response Waived
Tags: 2nd-amendment civil-procedure civil-rights due-process evidence-relevance expert-testimony free-speech gun-violence negligence psychological-impact standing suicide
Latest Conference: 2024-03-15
Question Presented (from Petition)

The Federal Rules of Evidence establish the framework within courts must make their determina tions as to admissibility. Under Rule 402, the baseline for admissibility is relevance. Evidence is relevant if it tends to increase or decre ase the probability of a fact at issue in the action. Fed. R. Evid. 401. The subject of this appeal is whether the district court abused its dis cretion in excluding testimony and data about the risk of harm that is created when a loaded and unlocked firearm is left in plain view and freely accessible to unauthorized users.

Is an expert's testimony about the psychological connection between the visibl e presence of unsecured firearms and death by suicide relevant to a jury's de termination on negligence?

Question Presented (AI Summary)

Is an expert's testimony about the psychological connection between the visible presence of unsecured firearms and death by suicide relevant to a jury's determination on negligence?

Docket Entries

2024-03-18
Petition DENIED.
2024-02-21
DISTRIBUTED for Conference of 3/15/2024.
2024-02-06
2023-12-26
Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2024.
2023-12-26
Waiver of right of respondent Glenn Greening to respond filed.
2023-12-22
Motion to extend the time to file a response from January 8, 2024 to February 7, 2024, submitted to The Clerk.
2023-12-04
Petition for a writ of certiorari filed. (Response due January 8, 2024)

Attorneys

Estate of William Han Manstrom-Greening, Through Carol J. Manstrom, Personal Representative
Elizabeth Claire SavageKarmel Savage, PC, Petitioner
Lane County, et al.
Ivan Resendiz GutierrezMiller Nash LLP, Respondent
Lane County, Oregon, et al.
Bruce MooreBruce C. Moore, P.L., Respondent