No. 24-167

Tim Makoto Nukida v. California

Lower Court: California
Docketed: 2024-08-15
Status: Denied
Type: Paid
Tags: criminal-procedure cruel-unusual-punishment csaas-testimony due-process eighth-amendment expert-witness
Latest Conference: 2024-10-18
Question Presented (from Petition)

1. State courts of last resort are intractably divided over the admissibility of Child Sexual Abuse Accommodation Syndrome (CSAAS). Should certiorari be granted to clarify that CSAAS is irrelevant, unreliable, and inflammatory, thereby violating due process and fair trial rights under the Fifth and Fourteenth Amendments?

2. Should certiorari be granted to address the critical question of whether a 112-year sentence for a first-time sex offender, whose actions involved minimal lewd conduct with minimal force against a single victim, constitutes cruel and unusual punishment under the Eighth Amendment?

Question Presented (AI Summary)

Whether state courts are divided on the admissibility of Child Sexual Abuse Accommodation Syndrome (CSAAS) and if such testimony violates due process rights

Docket Entries

2024-10-21
Petition DENIED.
2024-10-02
DISTRIBUTED for Conference of 10/18/2024.
2024-08-13
Petition for a writ of certiorari filed. (Response due September 16, 2024)

Attorneys

Tim M. Nukida
Mark Goldrosen — Petitioner