evidence-rule
35 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6203 | Misael Fabian Medina v. United States | First Circuit | 2025-11-24 | Denied | Response WaivedIFP | appellate-review evidence-rule excited-utterance hearsay-exception procedural-fairness reliability-standard | Have the federal appellate courts departed too far from the purpose and intent of the excited utterance exception to the hearsay rule, such that the r… |
| 25-561 | Dominic L. Ruiz v. United States | Armed Forces | 2025-11-07 | Denied | Response Waived | common-law evidence-rule federal-appeals-courts intoxication temporal-requirement witness-credibility | In 2014, this Court expanded Federal Rule of Evidence (FRE) 801(d)(1)(B) to allow the admission of prior consistent statements when a witness's credib… |
| 25A324 | Juston D. Beyer v. United States | Armed Forces | 2025-09-19 | Presumed Complete | court-martial due-process evidence-rule ineffective-assistance military-justice sexual-assault | Question not identified. | |
| 25-5517 | Joshua Rodriguez v. United States | Second Circuit | 2025-09-02 | Denied | Response WaivedIFP | appellate-review evidence-rule hearsay-exception judicial-interpretation present-sense-impression reliability-standard | Have the federal appellate courts departed too far from the purpose and intent of the present-sense impression exception to the hearsay rule, such tha… |
| 24-7462 | Henry Weaver v. United States | Fifth Circuit | 2025-06-18 | Denied | Response WaivedIFP | allen-charge due-process evidence-rule fifth-amendment grand-jury lay-opinion | 1. This Court has decided that the judicial system must take a "hands-off" approach to grand jury proceedings, and as a result, criminal defendants ha… |
| 24-6453 | Steven Michael Cenephat v. United States | Eleventh Circuit | 2025-02-03 | Denied | Response WaivedIFP | character-evidence evidence-rule federal-procedure intent-element mental-state prior-crime | Does a court, in deciding whether a defendant's prior crime is relevant to the non-character issue of intent under Rule 404(b), need only determine wh… |
| 24-6310 | Descart Austin Begay, Jr. v. United States | Eighth Circuit | 2025-01-15 | Denied | IFP | circuit-split evidence-rule fabrication impeachment prior-consistent-statement witness-testimony | Subsection (i) of Federal Rule of Evidence 801(d)(1)(B) allows for admission of a declarant's prior consistent statement only when offered "to rebut a… |
| 23-7556 | Nathan O. Beal v. Washington | Washington | 2024-05-23 | Denied | IFP | criminal-procedure criminal-trials daubert-standard due-process evidence-rule expert-testimony federal-evidence-rule firearm-ballistics frye-standard scientific-evidence trial-procedure | ke/ft 5'ft^ft '^vft vft ft/\e. D 4fte Frye, S'Frdnrd 3uftft/ei£/iftft SkoJd £j«s/wWftfA ^Me L*oe_ c»- WK l J-rec-'f kpfpAtdn FzderjbUenee RJt 701^,'U… |
| 23-1174 | Peter Kleidman v. Hilton & Hyland Real Estate, Inc., et al. | Ninth Circuit | 2024-05-01 | Denied | circuit-split evidence-rule expert-testimony federal-rule-of-evidence-704(a) federal-rules judicial-interpretation legal-duties ninth-circuit petition-for-writ-of-certiorari | Does Federal Rule of Evidence 704(a) ("Rule 704(a)") allow an expert to opine that a person's conduct complied with the person's legal duties? Does R… | |
| 23-6333 | Nora Gilda Guevara Triana v. United States | Eighth Circuit | 2023-12-22 | Denied | Response WaivedIFP | criminal-procedure due-process eighth-circuit evidence-rule fair-trial rule-of-completeness special-verdict standard-of-review supreme-court-precedent u.s.-v.-griffin | 1. Whether the Eighth Circuit Court's failure to follow this Court's precedence in U.S. v. Griffin, 502 U.S. 46 (1991) and Turner v. U.S., 396 U.S. 39… |
| 23-640 | Caleb A. C. Smith v. United States | Armed Forces | 2023-12-14 | Denied | Response Waived | 10th-circuit declarant-memory evidence-rule evidence-rules excited-utterance hearsay-exception memory military-rules-of-evidence statement-admissibility testimonial-evidence unpublished-decision | Whether a statement, made hours after an alleged assault that the declarant has no memory of, is admissible as an excited utterance? |
| 23-5714 | Cuhuatemoc Hinricky Peraita v. Alabama | Alabama | 2023-10-04 | Denied | Relisted (2)IFP | appellate-review evidence-rule juror-misconduct jury-misconduct mattox-v-united-states no-impeachment-rule parker-v-gladden prior-convictions sixth-amendment trial-procedure verdict-challenge | During petitioner's trial for capital murder, the jury foreperson told the other jurors misleading and prejudicial information about petitioner's prio… |
| 23-5332 | Tamara Jeune, aka Tamara Voltaire v. United States | Eleventh Circuit | 2023-08-10 | Denied | IFP | circuit-court-split circuit-split evidence-rule federal-rules-of-evidence judicial-interpretation prejudice probative-value propensity-evidence rule-404(b) trial-procedure | How are the courts to properly apply Fed. R. Evid. 404(b)? Should they apply the Third Circuit's more substantive approach which requires a close conn… |
| 22-6809 | Mohamed Ibrahim Ahmed v. United States | Fifth Circuit | 2023-02-16 | Denied | Response WaivedIFP | 404(b)-standard appeal appellate-review criminal-procedure due-process evidence evidence-rule evidentiary-issues evidentiary-test judicial-interpretation legal-uniformity rule-404(b) | Is an updated, clear, and uniform test needed for the most common evidentiary issue presented on appeal, Rule 404(b) related issues? |
| 22-6581 | John Krasley v. United States | Third Circuit | 2023-01-19 | Denied | Response WaivedIFP | admissibility-standard circuit-split criminal-procedure defendant's-other-bad-acts evidence-rule federal-rules-of-evidence propensity-evidence rule-404(b) third-party-acts | The Third Circuit, deepening a mature circuit split regarding the scope of Federal Rule of Evidence 404(b), and its prohibition against propensity evi… |
| 22-6513 | Jeremy Dale Bartram v. West Virginia | West Virginia | 2023-01-10 | Denied | Response WaivedIFP | criminal-procedure due-process evidence evidence-rule fair-trial presumption-of-innocence prosecutorial-discretion rule-404(b) uncharged-misconduct | Does the prosecution's use of 'uncharged misconduct' under Rule 404(b) of the West Virginia Rules of Evidence strip a criminal defendant of the presum… |
| 22-581 | Heidi R. Steward, Acting Director, Oregon Department of Corrections v. Frank E. Gable | Ninth Circuit | 2022-12-22 | Denied | Relisted (2) | actual-innocence chambers-v-mississippi due-process evidence evidence-rule habeas-corpus hearsay hearsay-exception recantation third-party-confession | 1. Oregon Evidence Code Rule 804(8)(c), like Federal Rule of Evidence 804(b)(3)(B), allows admission of an out-of-court statement against penal intere… |
| 22-168 | Ryan James Deroo v. Illinois | Illinois | 2022-08-23 | Denied | Response Waived | constitutional-law due-process evidence evidence-rule ex-post-facto hearsay hearsay-exception medical-records retroactive-modification state-rule | Whether a retroactive modification of a state rule of evidence allowing certain medical records to be admitted as admissible hearsay which was previou… |
| 21-7827 | Stephen Luis Haro v. United States | Ninth Circuit | 2022-05-10 | Denied | Response WaivedIFP | confrontation-clause due-process evidence-rule fair-trial government-negligence material-witness sixth-amendment trial-court | 1. Whether the trial court deprived Haro of his Sixth Amendment right to confrontation when it admitted at trial the unconfronted, out-of-court testim… |
| 21-7427 | William Gregory Snow v. Illinois | Illinois | 2022-03-22 | Denied | Response WaivedIFP | constitutional-law constitutional-rights due-process evidence-rule excited-utterance hearsay hearsay-exception impeachment prior-consistent-statements witness-testimony | Whether the Third District Appellate Court of Illinois' ruling unconstitutionally expanded the scope of the excited utterance exception to hearsay as … |
| 21-958 | A. A. v. M. A. | New Jersey | 2021-12-30 | Denied | civil-rights constitutional-rights due-process evidence-rule free-speech freedom-of-religion medical-exemption religious-exemption sincerity-test vaccination-mandate | It is of national importance for this Court to determine if the sincerity of people's religious objection to vaccination should be tested and, if so… | |
| 21-5579 | Emmanuel Perez v. Nebraska | Nebraska | 2021-09-03 | Denied | Response WaivedIFP | circuit-court-split circuit-split criminal-procedure due-process evidence-admissibility evidence-rule evidentiary-standard federal-rules-of-evidence inextricably-intertwined judicial-interpretation standard-of-review | There is a split between the United States Circuit Courts regarding whether the "inextricably intertwined " standard is a proper exception to Fed.R.Ev… |
| 20-1663 | Matthew D. Norwood v. United States | Armed Forces | 2021-05-28 | Denied | Response Waived | criminal-procedure evidence evidence-rule forensic-interview hearsay hearsay-exception jury-deliberation prior-consistent-statement repetition trial-procedure truth-effect witness-testimony | Whether admission of a recorded hearsay statement as a physical exhibit, permitted to be reviewed during deliberations, is a fair application of the e… |
| 20-7697 | Matthew Berckmann v. United States | Ninth Circuit | 2021-04-09 | Denied | Response WaivedIFP | criminal-procedure due-process evidence-rule evidence-rule-404(b) evidentiary-standard federal-rules-of-evidence motive-opportunity-intent propensity-evidence rule-404b same-victim victim-testimony | Whether other act evidence under Rule 404(b) that involves the same "victim" (alcoholic husband and wife who fight after drinking too much) is automat… |
| 20-6974 | Freddie Lee Wilson v. United States | Sixth Circuit | 2021-01-28 | Denied | Response WaivedIFP | 404(b) background-evidence circuit-split criminal-procedure criminal-trial drug-evidence evidence-rule federal-rules-of-evidence jury-testimony res-gestae | At Wilson's jury trial the district court allowed testimony that Wilson sold drugs the day before the charged offenses as background evidence that was… |
| 19-8588 | Robert Donelson v. United States | Eleventh Circuit | 2020-06-02 | Denied | IFP | 404(b) circuit-split criminal-case criminal-procedure defendant-rights evidence-rule federal-rules federal-rules-of-evidence prior-act-evidence propensity-evidence propensity-free-link | Whether Federal Rule of Evidence 404(b)'s prohibition against prior act evidence requires the government to demonstrate a propensity-free link between… |
| 19-8380 | Samory Azikiwe Monds v. United States | Eighth Circuit | 2020-04-29 | Denied | Response WaivedRelisted (2)IFP | admissibility circuit-split controlled-substances criminal-procedure evidence evidence-rule federal-rule prior-bad-acts propensity-evidence | Whether Federal Rule of Evidence 404(b) should be construed, contrary to its purpose and history, as a rule of inclusion resulting in certain admissib… |
| 19-7599 | Tracey Smith-Kilpatrick v. United States | Sixth Circuit | 2020-02-07 | Denied | Response WaivedIFP | business-records confrontation-clause crawford-v-washington evidence-rule federal-rule-of-evidence-803(6) federal-rules-of-evidence government-use hearsay hearsay-exception record-reliability sixth-circuit testimonial-statement testimonial-statements | Whether business records qualify as inadmissible hearsay when the government uses them as testimonial statements and for purposes other than those for… |
| 19-691 | Arthur Lawton Clark v. Georgia | Georgia | 2019-12-02 | Denied | Response Waived | 404b-evidence circuit-court-split circuit-split d.c.-circuit-precedent due-process evidence-rule federal-rules-of-evidence georgia-supreme-court intrinsic-evidence intrinsic-evidence-rule prior-bad-act-evidence prior-bad-acts | WERE PETITIONER'S DUE PROCESS RIGHTS VIOLATED BY THE SUPREME COURT OF GEORGIA'S OVERLY BROAD APPLICATION OF THE "INTRINSIC EVIDENCE" RULE TO PETITIONE… |
| 19-6261 | Jeremiah Marion v. Florida | Florida | 2019-10-11 | Denied | Response WaivedIFP | 14th-amendment due-process evidence-rule evidentiary-provision first-time-offender fourteenth-amendment life-without-parole petition-for-grievances sexual-battery uncorroborated-accusations | DOES THE EVIDENTIARY PROVISION OF FLORIDA 'S SEXUAL BATTERY STATUTE VIOLATE THE FOURTEENTH AMENDMENT? AND/OR CAN A STATE LAW MANDATE LIFE WITHOUT PARO… |
| 19-5553 | Angela Roy v. United States | Fifth Circuit | 2019-08-13 | Denied | IFP | admissibility character-evidence circuit-split evidence-rule federal-rules federal-rules-of-evidence judicial-exception limits standards | Whether the widely criticized "inextricably intertwined" or "intrinsic evidence" family of exceptions to Federal Rule of Evidence 404(b) lack meaningf… |
| 18A1293 | Jeffrey Fairbanks v. Indiana | Indiana | 2019-06-11 | Presumed Complete | child-neglect constitutional-vagueness criminal-statute due-process evidence-rule infant-death | This document is an application for an extension of time to file a petition for writ of certiorari, not a petition itself. It does not contain a "Ques… | |
| 18A1234 | Jackie Duncan v. United States | Tenth Circuit | 2019-05-29 | Presumed Complete | criminal-procedure evidence-rule fourth-amendment prior-bad-acts right-to-fair-trial sixth-amendment | Question not identified. | |
| 18-8894 | Robert L. Mayfield v. United States | Eighth Circuit | 2019-04-18 | Denied | Response WaivedIFP | admissibility co-conspirator co-conspirator-statements co-conspirators confrontation-clause criminal-procedure evidence evidence-rule hearsay hearsay-exception out-of-court-statements rule-801 rule-801(d)(2)(e) | Whether admission of out-of-court statements made by Robert Mayfield's alleged co-conspirators violated the hearsay exception of Rule 801(d)(2)(E). |
| 18-5394 | Casey Peebles v. United States | Eighth Circuit | 2018-07-30 | Denied | Response WaivedIFP | coconspirator-statements confrontation-clause criminal-procedure due-process evidence evidence-rule fair-trial federal-rules-of-evidence hearsay hearsay-exception sixth-amendment | In Petitioner's jury trial on federal drug offenses, the district court allowed a prosecution witness to testify to out-of-court statements made by a … |