No. 25-6953

David Bert Paycer v. United States

Lower Court: Tenth Circuit
Docketed: 2026-03-04
Status: Pending
Type: IFP
IFP
Tags: child-molestation federal-rules-of-evidence jury-instructions preponderance-of-evidence propensity-evidence rule-414
Latest Conference: N/A
Question Presented (from Petition)

Whether a defendant against whom Rule 414 evidence is admitted is entitled, upon request, to an instruction directing the jury to consider that evidence only if it first unanimously finds by a preponderance that the defendant committed the predicate crime or crimes.

Question Presented (AI Summary)

Whether a defendant against whom Rule 414 evidence is admitted is entitled, upon request, to an instruction directing the jury to consider that evidence only if it first unanimously finds by a preponderance that the defendant committed the predicate crime or crimes

Docket Entries

2026-02-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2026)

Attorneys

David Paycer
Daniel Lee KaplanOffice of the Federal Public Defender, Petitioner
United States of America
D. John SauerSolicitor General, Respondent