federal-rules-of-evidence
159 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6785 | Nicholas Craig Woozencroft v. United States | Eleventh Circuit | 2026-02-12 | Pending | IFP | alternative-theories circuit-split criminal-jury-trial evidence-relevance federal-rules-of-evidence legal-standard | Generally, relevant evidence is admissible at trial. Evidence is relevant —in civil and criminal cases alike —if "it has any tendency to make a fact m… |
| 25-919 | Union Carbide Corporation, et al. v. Lee Ann Sommerville | Fourth Circuit | 2026-02-04 | Pending | Amici (1) | admissibility burden-of-proof evidentiary-standard expert-witness federal-rules-of-evidence judicial-circuit-split | Whether, under Federal Rule of Evidence 702, challenges to the factual basis of an expert witness's testimony always go to the weight of the evidence … |
| 25-874 | Johnson & Johnson Consumer Inc. v. Narguess Noohi, Individually and on Behalf of All Others Similarly Situated | Ninth Circuit | 2026-01-22 | Pending | Amici (2) | civil-procedure class-certification daubert-standard evidentiary-standards expert-testimony federal-rules-of-evidence | Whether expert testimony must be admissible under Federal Rule of Evidence 702 and the framework enunciated in Daubert v. Merrell Dow Pharmaceuticals,… |
| 25-6546 | Miguel Bocardo and Cyr Dino Banguguilan v. United States | Ninth Circuit | 2026-01-12 | Pending | Response WaivedIFP | court-of-appeals district-court evidence-challenge federal-rules-of-evidence rule-403 sexual-abuse | In Yee v. City of Escondido, 503 U.S. 519, 534 (1992), this Court held that "[o]nce a federal claim is properly presented, a party can make any argume… |
| 25-792 | Neil Binder v. Coldwell Banker Real Estate LLC | Third Circuit | 2026-01-07 | Pending | Response Waived | federal-rules-of-evidence judicial-review procedural-due-process rule-1006 rule-60 summary-evidence | Whether a court may exclude a Federal Rule of Evidence 1006, summary—derived entirely from records already admitted into evidence—without reviewing it… |
| 25A565 | Johnson & Johnson Consumer Inc. v. Narguess Noohi, Individually and on Behalf of All Others Similarly Situated | Ninth Circuit | 2025-11-14 | Application | circuit-split civil-procedure class-certification expert-testimony federal-rules-of-evidence rule-702 | Whether a district court may certify a class action without resolving whether the plaintiff has introduced admissible evidence, including expert testi… | |
| 25-6092 | Olegario Lares-De La Rosa v. United States | Ninth Circuit | 2025-11-12 | Denied | Response WaivedIFP | circuit-split criminal-procedure evidence-interpretation federal-rules-of-evidence law-enforcement-testimony lay-opinion | Whether Federal Rule of Evidence 701 permits a law enforcement officer to provide a lay opinion about the meaning of ordinary language used in a recor… |
| 25-288 | Vinaykumar Patel v. United States | Third Circuit | 2025-09-11 | Denied | Response Waived | confrontation-clause federal-rules-of-evidence fifth-amendment hearsay-evidence law-enforcement-testimony sixth-amendment | 1. Whether the introduction of speculative lay opinion by a law enforcement officer, asserting a staged robbery without personal knowledge or expert… |
| 25-5462 | Deandre Wilson v. United States | Second Circuit | 2025-08-25 | Denied | Response WaivedIFP | appellate-courts constitutional-rights criminal-defendants due-process evidence-admissibility federal-rules-of-evidence | Are the divided federal appellate courts applying too stringent a standard when evaluating the admissibility of evidence under Federal Rule of Evidenc… |
| 25-56 | Qinghua Zhang, et al. v. Federal Home Loan Bank of Topeka | Tenth Circuit | 2025-07-15 | Denied | Response Waived | admissibility circuit-split compromise-offers federal-rules-of-evidence settlement-negotiations severance-agreements | 1. Federal Rule of Evidence (F.R.E.) 408, regarding compromise offers and negotiations, aims to encourage settlements by making evidence of settlement… |
| 24-7272 | Carlos Barragan Leon v. United States | Ninth Circuit | 2025-05-22 | Denied | Response WaivedIFP | daubert-standard evidence-reliability expert-testimony federal-rules-of-evidence kumho-tire translation-methodology | Did the district court's failure to make the required reliability finding pursuant to Federal Rule of Evidence 702 of the methodology and principles u… |
| 24-7180 | Yolanda M. Williams v. Austin Police Department | Fifth Circuit | 2025-05-12 | Denied | IFP | civil-procedure constitutional-rights district-court federal-rules-of-evidence judicial-misconduct legal-standing | 1. Did the Judges and of the U.S. District Court Western District of Texas, Austin Division and the Austin Police Officers deprive petitioner of her r… |
| 24-7054 | Oscar J. Martinez-Hernandez v. United States | First Circuit | 2025-04-22 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split confrontation-clause due-process federal-rules-of-evidence hearsay-evidence sixth-amendment | I. WHETHER ADMISSION OF UNCORROBORATED HEARSAY UNDER FEDERAL RULE OF EVIDENCE 801(D)(2)(E), WITHOUT INDEPENDENT PROOF OF A CONSPIRACY OR EXTRINSIC COR… |
| 24-6886 | Jonathan Lynn Jenkins v. United States | Fourth Circuit | 2025-03-28 | Denied | Response WaivedIFP | appellate-review confession-admissibility criminal-procedure federal-rules-of-evidence harmless-error jury-role | Whether an appellate court improperly displaces the jury's role to determine guilt by assuming error occurred when the district court improperly admit… |
| 24-6849 | Terrance Deandre Ellison v. United States | Ninth Circuit | 2025-03-25 | Denied | Response WaivedIFP | cross-examination evidentiary-procedure federal-rules-of-evidence hearsay-evidence recent-fabrication witness-credibility | Whether Federal Rule of Evidence 801(d)(1)(B)(i) permits introduction of hearsay purportedly to rebut a charge of recent fabrication made during cross… |
| 24-991 | Joshua Herrera v. United States | Eleventh Circuit | 2025-03-18 | Denied | appellate-review child-sexual-offense criminal-procedure expert-testimony federal-rules-of-evidence psychological-evidence | Did the U.S. Court of Appeals for the Eleventh Circuit fail to follow this Court's recent decision in Diaz v. United States, 602 U.S. 526 (2024) in fa… | |
| 24-6749 | Foster Lee Scott v. United States | Ninth Circuit | 2025-03-11 | Denied | Response WaivedIFP | constitutional-violation expert-testimony fair-trial federal-rules-of-evidence intent-determination mens-rea | 1. Does the two officer's testimony at trial, particularly Sergeant Helms' testimony establish the required mens rea for the offense? 2. How does the… |
| 24-6591 | Kimberly Sponaugle v. United States | Third Circuit | 2025-02-19 | Denied | Response WaivedIFP | criminal-procedure expert-disclosure expert-witness-testimony federal-rules-of-evidence lay-opinion wire-fraud | Whether the trial court erred as a matter of law in ruling that F.R.E. 701 permitted the prosecution to present in its case-in-chief lay opinion testi… |
| 24-6105 | Ryan Lewis Hilyard v. Wyoming | Wyoming | 2024-12-10 | Denied | Response WaivedIFP | effective-assistance-of-counsel equal-protection federal-rules-of-evidence fourteenth-amendment procedural-default strickland-standard | I. DID THE WYOMING SUPREME COURT APPLY AND FOLLOW FEDERAL RULES OF EVIDENCE CORRECTLY? II. WAS THE WYOMING SUPREME COURT'S DECISION ARBITRARY, CAPRIC… |
| 24-5945 | Jodi Rouviere v. Howmedica Osteonics Corporation, dba Stryker Orthopaedics, et al. | Second Circuit | 2024-11-12 | Denied | Response WaivedIFP | federal-rules-of-evidence jury-consideration material-fact reasonable-diligence seventh-amendment summary-judgment | ISSUE I: WHETHER THE TRIAL COURT EFFECTIVELY REMOVED THE FACTUAL INQUIRY INTO PETITIONER "EXERCISE OF REASONABLE DILIGENCE " UNDER NEW YORK CLS CPLR… |
| 24-462 | Mark Kelly v. Daniel Dorman, et al. | Seventh Circuit | 2024-10-24 | Denied | Response Waived | article-iii-standing citation-rules federal-rules-of-evidence judicial-precedent summary-dismissal unpublished-dispositions | Federal circuit courts ' local rules governing citation of unpublished dispositions prior to January 1, 2007 for purposes of establishing facts and … |
| 24-5638 | Kareem Swinton v. United States | Second Circuit | 2024-09-26 | Denied | Response WaivedIFP | co-conspirator-statements constitutional-rights federal-rules-of-evidence fifth-amendment hearsay-testimony sixth-amendment | 1. Whether, in the absence of knowledge of the identity of the declarants, the admission of hearsay testimony of alleged co-conspirators is unconstitu… |
| 24-5394 | Nathan Brooks Manuelito v. United States | Ninth Circuit | 2024-08-26 | Denied | Response WaivedIFP | criminal-prosecution dual-purpose-statements evidence-reliability federal-rules-of-evidence hearsay-exception medical-treatment | Whether statements made, in part, to provide evidence for a criminal prosecution can satisfy the hearsay exception in Federal Rule of Evidence 803(4) … |
| 24-5335 | Valentino Cabral Darosa v. United States | Fourth Circuit | 2024-08-16 | Denied | Response WaivedIFP | circuit-split expert-testimony federal-rules-of-evidence fingerprint-evidence good-faith-exception search-warrant | A WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT'S DECISION IN UNITED STATES V. DAROSA IS IN CONFLICT WITH THE DECISIONS OF OTHER U… |
| 24-5240 | Bradley Dale Hull v. United States | Ninth Circuit | 2024-08-06 | Denied | IFP | federal-rules-of-evidence intent intent-element lower-court-decisions other-act-evidence prejudice probative-value rule-403 rule-404(b) rule-404b unfair-prejudice | Is it incumbent upon a trial court when determining whether the probative value of other-act evidence offered under Rule 404(b) is substantially outwe… |
| 24-5132 | Charles Fitzgerald Branch v. United States | Ninth Circuit | 2024-07-23 | Denied | Response WaivedIFP | circuit-split evidence-admissibility evidence-admission federal-rules-of-evidence hearsay hearsay-rule judicial-interpretation non-hearsay non-hearsay-probative-value probative-value procedural-standard | Should this Court resolve a split between the Ninth and Third circuits, where the Third Circuit has condemned the admission of evidence for a non-hear… |
| 23-7605 | Rodrigo Alvarez-Quinonez v. United States | Ninth Circuit | 2024-05-31 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-court-split federal-rule-of-evidence federal-rules-of-evidence harmless-error jury-factfinding-role law-enforcement-witness law-enforcement-witnesses lay-opinion-testimony percipient-knowledge witness-testimony | May a law enforcement agent give lay opinion testimony under Federal Rule of Evidence 701 based on the agent's overall knowledge of an investigation, … |
| 23-7575 | Oscar Dillon, III v. United States | Eighth Circuit | 2024-05-28 | Denied | Response WaivedRelisted (2)IFP | acquittal acquitted-conduct criminal-culpability double-jeopardy federal-rules-of-evidence fifth-amendment rule-404(b) trial-procedure unrelated-charges | The Eighth Circuit United States Court of Appeals determined that criminal culpability derived from verdicts of aquittals are admissible in separate t… |
| 23-7492 | Trezith Rashad Smart v. United States | Fourth Circuit | 2024-05-17 | Denied | Response WaivedRelisted (2)IFP | federal-rules-of-evidence findings fourth-circuit-court judicial-error motion-to-dismiss prior-inconsistent-statement speedy-trial-act witness-impeachment zedner-v-united-states | Whether the Fourth Circuit Appellate Court commit clear or plain error, relying on findings made 6 days after Judge orally ruled on motion to dismiss… |
| 23-7491 | Caesar V. Vaca v. United States | Eighth Circuit | 2024-05-16 | Denied | Response WaivedIFP | criminal-procedure due-process evidence evidence-introduction fair-trial federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel trial-attorney | Whether trial attorney's error resulted in the introduction of evidence under Federal Rules of Evidence 404(b) that led to an unfair conviction. OR W… |
| 23-7438 | Anthony Espinosa Gonzales v. United States | Ninth Circuit | 2024-05-09 | Denied | Response WaivedIFP | appellate-review computer-generated-evidence conviction court-of-appeals due-process evidence evidence-authentication evidentiary-standards federal-rule-of-evidence-901(b)(9) federal-rules-of-evidence judicial-procedure | Did the court of appeals' ratification of the use of computer-generated evidence to convict petitioner represent a clear departure from the requiremen… |
| 23-1160 | Derrick Williams v. Mississippi | Mississippi | 2024-04-25 | Denied | Response Waived | constitutional-rights due-process equal-protection federal-rules-of-evidence first-amendment fourteenth-amendment petition-clause right-to-counsel | 1. WHETHER THE FUNDAMENTAL RIGHT TO PETITION THE STATE COURTS PURSUANT TO THE 1ST AND 14THAMENDMENTS OF OUR UNITED STATES CONSTITUTION UPON THE ISSUE … |
| 23-7047 | Renaire Roshique Lewis, Jr. v. United States | Fourth Circuit | 2024-03-21 | Denied | Response WaivedIFP | coconspirator-hearsay counsel criminal-procedure due-process evidence federal-rules-of-evidence fifth-amendment miranda-warnings right-to-counsel | L. Whether the presence of counsel obviates the need for Miranda warnings; and I. Whether Bourjaily v. United States permits the affirmance of the ad… |
| 23-6866 | Cesar Abreu v. United States | Second Circuit | 2024-02-29 | Denied | Response WaivedIFP | criminal-procedure due-process evidence-admissibility federal-rule-of-evidence-404b federal-rules-of-evidence fifth-amendment narcotics narcotics-distribution prior-conviction prior-convictions search-and-seizure | Whether the decision of the United States Court of Appeals for the Second Circuit, affirming Petitioner's conviction of narcotics distribution in the … |
| 23-6623 | Johnl Jackson v. United States | Ninth Circuit | 2024-01-30 | Denied | Response WaivedIFP | compulsory-process confrontation confrontation-clause constitutional-rights criminal-procedure due-process federal-rules-of-evidence notice-requirement sex-trafficking | 1. The crime of Sex Trafficking by Force, Fraud, or Coercion, 18 U.S.C. § 1591, by virtue of its definitions of "coercion" and "serious harm," allows … |
| 23-6616 | Fan Yang v. United States | Eleventh Circuit | 2024-01-30 | Denied | Response WaivedIFP | complete-defense criminal-defendant criminal-defense criminal-procedure due-process evidence evidence-exclusion federal-rules-of-evidence jury-trial right-to-present-defense rule-403 | Whether a court may exclude evidence under Fed. R. Evid. 403, where doing so would preclude a criminal defendant from presenting a complete defense to… |
| 23-721 | Gayle Killilea v. Richard M. Coan, et al. | Second Circuit | 2024-01-04 | Denied | Response RequestedResponse WaivedRelisted (2) | avoidance-action bankruptcy-law civil-procedure evidence expert-testimony federal-rules-of-evidence jury property-transfer rules-of-evidence statutory-interpretation trust | This case arises out of a fraudulent conveyance action. It concerns whether certain real estate located in Ireland was held in trust—a question of fac… |
| 23-6177 | Sylvia Olivas, aka Sylvia Lee Gavaldon v. United States | Ninth Circuit | 2023-12-06 | GVR | Relisted (2)IFP | circuit-split criminal-activity criminal-procedure expert-testimony expert-witness federal-rules-of-evidence mens-rea mental-state trier-of-fact | Rule 704(b) of the Federal Rules of Evidence provides: In a criminal case, an expert witness must not state an opinion about whether the defendant did… |
| 23-5838 | Mario Reynoso, aka Mario Hernandez v. United States | Tenth Circuit | 2023-10-19 | Denied | Response WaivedIFP | admissibility-of-evidence character-evidence district-court-discretion district-courts evidence-admissibility federal-rules-of-evidence non-propensity-purpose reasoning rule-404(b)(2) rule-404b ultimate-decision | Whether Rule 404(b)(2) of the Federal Rules of Evidence permits district courts the use of propensity/character-conforming reasoning to reach an ultim… |
| 23-5762 | Isaiah Whitefox Redbird v. United States | Tenth Circuit | 2023-10-11 | Denied | Response WaivedIFP | where context made the basis of his objection to criminal-procedure evidence-preservation federal-rules-of-evidence plain-error-review preservation-requirement propensity-evidence tenth-circuit | Did the Tenth Circuit incorrectly hold that Mr. Redbird's claim was not preserved, where context made the basis of his objection to exclude the prosec… |
| 23-5715 | Taquan Rahshe Gullett-El v. Internal Revenue Service, et al. | Eleventh Circuit | 2023-10-05 | Dismissed | Response WaivedRelisted (2)IFP | civil-rights constitutional-interpretation consular-jurisdiction federal-rules-of-evidence judicial-notice national-identity sovereign-status standing state-law treaty-rights | Question not identified. |
| 23-5719 | Jerrell West v. United States | Eighth Circuit | 2023-10-04 | Denied | Response WaivedIFP | civil-procedure constitutional-provisions court-procedure evidence expert-testimony federal-rules-of-evidence legal-jurisdiction prejudicial probative statutory-provisions writ-of-certiorari | Question not identified. |
| 23-298 | Riverdale Mills Corporation v. Julie A. Su, Acting Secretary of Labor | District of Columbia | 2023-09-25 | Denied | Response Waived | administrative-law auer-deference due-process federal-rules-of-evidence occupational-safety-and-health-administration osha-citation substantial-evidence | 1. Whether the United States Court of Appeals correctly applied the substantial evidence standard as articulated by this Court's prior precedent. 2. … |
| 23-187 | Michael Ramon Ochoa v. Arthur Levine, et al. | Pennsylvania | 2023-08-29 | Denied | Response Waived | administrative-law civil-procedure cloud-based-evidence cloud-computing constitutional-jurisdiction discovery evidence-admissibility federal-rules-of-evidence hipaa-privacy-rule judicial-procedure medical-records rule-32 | 1. Are the cloud-based #NetoOrganon and the dashboard tools attached as exhibits admissible as models per Rule 32 of this Court? = YES 2. Do the resp… |
| 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… |
| 23-5259 | Ryan Lewis Hilyard v. Wyoming | Wyoming | 2023-08-01 | Denied | Response WaivedIFP | appellate-review conflict-of-interest due-process equal-protection federal-rules-of-evidence fourteenth-amendment ineffective-assistance-of-counsel state-court-decisions | DID THE WYOMING SUPREME COURT APPLY AND FOLLOW FEDERAL RULES OF EVIDENCE CORRECTLY? II. IS THE WYOMING SUPREME COURTS DECISION ARBITRARY, CAPRICIOUS,… |
| 23-5238 | John Edward Scott v. United States | Fifth Circuit | 2023-07-28 | Denied | Response WaivedIFP | appellate-review burden-of-proof confrontation-clause confrontation-clause-jurisprudence federal-rules-of-evidence machine-generated-data machine-produced-data supreme-court-jurisprudence testimonial-evidence testimonial-statements | Who has the burden to show that a report sought to be introduced includes "raw, machine produced data" and not testimonial statements triggering the C… |
| 23-5020 | Christopher Delgado v. United States | Ninth Circuit | 2023-07-03 | Denied | Response WaivedIFP | circuit-split criminal-procedure evidentiary-standard federal-rules-of-evidence inextricably-intertwined other-bad-acts rule-404(b) rule-404b standard | Whether evidence of other bad acts is exempted from the limits and requirements of Rule 404(b) of the Federal Rules of Evidence when it is "inextricab… |
| 22-7878 | Kenny Eugene Smart v. United States | Eighth Circuit | 2023-06-27 | Denied | Response WaivedIFP | 18-usc-922(g) criminal-procedure evidence-standard evidentiary-rulings federal-rule-of-evidence-404(b) federal-rules-of-evidence prior-convictions rule-404b rule-of-inclusion standard-of-review statutory-interpretation | 1. WHAT IS THE PROPER STANDARD OF REVIEW OF EVIDENTIARY RULINGS UNDER FEDERAL RULE OF EVIDENCE 404(b) AND IS RULE 404(b) A RULE OF INCLUSION WHICH ALW… |
| 22-7748 | Mike Webb v. James Christian Kimmel, et al. | Fourth Circuit | 2023-06-09 | Denied | IFP | abuse-of-discretion civil-procedure default-judgment discretionary-power evidence-exclusion federal-rules-of-civil-procedure federal-rules-of-evidence judicial-review motion-to-dismiss rico rico-statute | As a rule, it is generally clear that "[u]nless another time is specified by this rule or a federal statute, the time for serving a responsive pleadin… |
| 22-7090 | Frank Gallardo v. United States | Eighth Circuit | 2023-03-24 | Denied | Response WaivedRelisted (2)IFP | civil-rights constitutional-rights criminal-procedure due-process evidence evidence-exclusion expert-testimony fair-trial federal-rules-of-evidence speedy-trial | I Mo/io/l for Jcojul tt<sL se -L^/^ /a/SuffideA &\)'ic/ertC& ~bo Gubsid tkce^Se to Jit/y. Xj (beard i To nKeUs TesiL /f\Ony Should sv&t bs^ (bets (sl… |
| 22-769 | Weixing V. Wang v. Brandywyne Common Condominium | New Hampshire | 2023-02-16 | Denied | Relisted (2) | civil-procedure constitutional-rights due-process evidence-rules federal-rules-civil-procedure federal-rules-of-civil-procedure federal-rules-of-evidence judicial-misconduct standing summary-judgment | 1. Solely with the lies and fabricated numbers on paper, without even one evidence, how can Petitioner be ordered to pay $47,319.86? 2. In a civil ca… |
| 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… |
| 22-6563 | Jaquain Young v. United States | Ninth Circuit | 2023-01-18 | Denied | Response WaivedIFP | complete-defense confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-admissibility federal-rules-of-evidence judicial-discretion right-to-present-defense severance witness-recantation | 1. Shortly after the murder of Jelvon Helton, which petitioner was convicted of, witness Tierra Lewis went to the police, circled codefendant Esau Fer… |
| 22-6535 | Murphy Alex Begay v. United States | Ninth Circuit | 2023-01-13 | Denied | Response WaivedIFP | 14th-amendment audio-recording civil-procedure constitutional district-court due-process evidence-rules federal-rules-of-evidence rule-106 rule-of-completeness | Did the District court violate the Petitioners 14th Amendment right of the Due Process Clause, by denying the introduction of the complete audio recor… |
| 22-5980 | Arius Hopkins v. United States | Second Circuit | 2022-11-02 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process evidence evidence-admissibility fair-trial federal-rules-of-evidence grand-jury rule-404(b) trial-fairness | Whether the admission of evidence of prior alleged conduct similar to the crime on trial and dismissed by a grand jury, which was noticed for one purp… |
| 22-5917 | In Re John David Stahlman | 2022-10-26 | Denied | IFP | criminal-procedure discovery discovery-rights due-process fair-trial federal-rules-of-evidence habeas-corpus harmless-error | 1.) DID THE COURT OF APPEALS FOR THE ELEVENTH CIRCUIT VIOLATE PETITIONER'S SUBSTANTIAL RIGHTS; TO INCLUDE HIS RIGHT TO A FAIR TRIAL, HIS RIGHT TO DU… | |
| 22-5691 | Meamen Jean Nyah v. United States | Eighth Circuit | 2022-09-28 | Denied | Response WaivedIFP | circuit-split criminal-procedure evidence-rule-404b federal-rules-of-evidence firearms firearms-case judicial-interpretation 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… |
| 22-5508 | Hanford Chiu v. United States | First Circuit | 2022-09-06 | Denied | Response WaivedIFP | criminal-procedure due-process exculpatory-evidence federal-rules-of-evidence fourth-amendment good-faith-exception probable-cause search-warrant | Whether a faulty search warrant that was executed without probable cause and without a good faith exception violates Fourth Amendment protections. Wh… |
| 22-5252 | Carlos Fleitas v. United States | Eleventh Circuit | 2022-08-02 | Denied | Response WaivedIFP | criminal-procedure due-process eleventh-circuit expert-testimony federal-rules-of-evidence judicial-procedure non-expert-testimony sentence-enhancement sentencing-enhancement writ-of-certiorari | When a defendant's sentence is enhanced based a non-experts testimony should a higher standard, apart from that permitted by Fed. R. Evid. 1101(d)(3) … |
| 22-5072 | Basil Bey v. United States | Third Circuit | 2022-07-12 | Denied | Response WaivedIFP | criminal-procedure criminal-trial due-process evidence-rule-701 evidentiary-standards federal-rules-of-evidence law-enforcement-testimony opinion-evidence uniform-standards witness-testimony | 1. Whether this Court should set limits on what law enforcement testimony should be admitted as opinion evidence under Federal Rule of Evidence 701. |
| 22-5055 | Amin Wadley, aka Jamil Abdul Amin White v. United States | Third Circuit | 2022-07-08 | Denied | Response WaivedIFP | criminal-procedure criminal-trial-procedure evidence-rules evidentiary-standards federal-rules-of-evidence law-enforcement law-enforcement-testimony lay-witness lay-witness-testimony opinion-evidence opinion-testimony | 1. Whether this Court should set limits on what law enforcement testimony should be admitted as opinion evidence under Federal Rule of Evidence 701. |
| 21-7909 | Kevin D. Moore v. United States | Fifth Circuit | 2022-05-19 | Dismissed | Response WaivedIFP | appointment-affidavit civil-procedure civil-rights civil-servant due-process federal-rules-of-evidence judicial-discretion oath-of-office standing united-states-attorney | 1) EVERY Supreme Court Justice - currently seated, MUST have an Appointment Affidavit AND to have taken the/an Oath of Office to defend/uphold the Co… |
| 21-7870 | Greg Cantoni v. United States | Second Circuit | 2022-05-13 | Denied | Response WaivedIFP | circuit-court-split circuit-court-standards daubert discovery-violation expert-testimony federal-rules-of-evidence harmless-error jencks-act prosecutorial-discretion | 1. Which standard, among those currently in use at the circuit court level, must be applied to determine whether a government attorney's violation of … |
| 21-1397 | In Re Grand Jury | Ninth Circuit | 2022-05-02 | Judgment Issued | Amici (16)Relisted (2) | attorney-client-privilege circuit-split civil-procedure communication-protection confidentiality federal-rules-of-evidence legal-advice non-legal-advice professional-communication significant-purpose | Whether a communication involving both legal and non-legal advice is protected by attorney-client privilege where obtaining or providing legal advice … |
| 21-1320 | Robert Campo, et al. v. Department of Justice, et al. | Eighth Circuit | 2022-04-04 | Denied | Response Waived | constitutional-precedent court-interpretation evidence-rules federal-rules-of-evidence federal-rules-of-procedure freedom-of-information-act judicial-discretion judicial-review procedural-rules supreme-court-precedent u.s-constitution | Whether, in adjudications under the Freedom of Information Act ("FOIA"), federal judges are free to flout and knowingly violate FOIA, federal rules of… |
| 21-7003 | Latique Johnson v. United States | Second Circuit | 2022-01-28 | Denied | Response WaivedIFP | admissibility admissibility-standard ballistics ballistics-testimony evidence expert-testimony expert-witness federal-rules-evidence federal-rules-of-evidence firearm forensic-science scientific-reliability | Whether testimony by ballistics toolmark experts that a particular firearm fired recovered bullets or casings is presently so flawed as to be inadmiss… |
| 21-6919 | Kevin Vigil v. United States | Tenth Circuit | 2022-01-20 | Denied | Response WaivedIFP | criminal-jurisdiction criminal-procedure evidence-of-continuous-excitement excited-utterance federal-criminal-jurisdiction federal-evidence-rule federal-rules-of-evidence hearsay-exception indian-country-status indian-law pueblo-lands-act | I. Whether a hearsay statement may be properly admitted as an excited utterance under Fed. R. Evid. 803(2) without evidence that the declarant was und… |
| 21-6785 | Jarvis Thomas v. United States | Ninth Circuit | 2022-01-10 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-law criminal-procedure expert-testimony federal-rules-of-evidence government-witness hypothetical-question hypothetical-questions rule-704b | Whether Fed. R. Evid. 704(b) precludes a government expert in a criminal case from opining that the defendant knowingly participated in the charged cr… |
| 21-980 | Brad Jennings v. Daniel F. Nash, et al. | Eighth Circuit | 2022-01-10 | Denied | Response WaivedRelisted (2) | evidentiary-doctrine federal-rules-of-evidence jury-instructions opening-the-door prejudicial-effect probative-value rule-403 summary-judgment | 1. Does the doctrine of "opening the door" require the traditional Federal Rules of Evidence Rule 403 balancing of probative value versus prejudicial … |
| 21-6704 | Jose D. Drew v. United States | Eighth Circuit | 2021-12-22 | Denied | Response WaivedIFP | abuse-of-discretion evidence-admissibility federal-rules-of-evidence jury-inference material-element prior-convictions rule-404(b) rule-404b | Whether the abuse of discretion review of the introduction of multiple prior convictions as rule 404(b) evidence requires the government to offer some… |
| 21-6396 | Tamara Jeune v. United States | Eleventh Circuit | 2021-11-23 | Dismissed | IFP | circuit-court-conflict circuit-split criminal-procedure criminal-propensity evidence-admissibility federal-rules-of-evidence prejudice prior-bad-acts probative-value propensity-evidence | 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… |
| 21-6314 | Carl Alvin Cushing v. United States | Tenth Circuit | 2021-11-18 | Denied | Response WaivedIFP | criminal-trials evidence-evaluation expert-testimony federal-rule-of-evidence-702 federal-rules-of-evidence jury-function law-enforcement law-enforcement-experts percipient-witnesses prosecutorial-discretion | Where all the percipient witnesses in a case have testified in a manner unsatisfactory to the government's prosecution, under Federal Rule of Evidence… |
| 21-6264 | Marion Katrell Campbell v. United States | Fourth Circuit | 2021-11-15 | Denied | Response WaivedIFP | district-court-discretion due-process evidence evidence-admissibility federal-rules-of-evidence rule-404(b) rule-404b rule-702 trial-procedure | WHETHER THE DISTRICT COURT IMPROPERLY ALLOWED FEDERAL RULE OF EVIDENCE 404(b) & 702 IN PETITIONERS TRIAL |
| 21-6241 | Eric J. Turner v. Richard L. Broch | Seventh Circuit | 2021-11-10 | Denied | IFP | constitutional-rights criminal-procedure due-process federal-jurisdiction federal-rules-of-evidence habeas-corpus legal-competency mental-competency schizophrenia | Whether the trial court failed to order a determination of the defendant's schizophrenia? Whether a conviction that violates due process happened whi… |
| 21-5770 | Arthur Perrault v. United States | Tenth Circuit | 2021-09-23 | Denied | Response WaivedIFP | 403-balancing-test due-process fair-trial federal-rules-of-evidence jury-unanimity sexual-misconduct | I. Does the uncertainty engendered by the lack of uniform application of Federal Rules of Evidence 413/414 and the 403 balancing test permit district … |
| 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… |
| 21-5570 | Richard Boyle v. United States | Third Circuit | 2021-09-02 | Denied | Response WaivedIFP | circuit-court due-process evidence-admission federal-rules-of-evidence prior-convictions stare-decisis undue-prejudice witness-testimony | Whether the federal courts are free to withdraw the protection from undue prejudice which emanates from the required four-step process as set forth in… |
| 21-5489 | Jerris M. Blanks v. United States | Eighth Circuit | 2021-08-26 | Denied | IFP | circuit-conflict criminal-procedure federal-rules-of-criminal-procedure federal-rules-of-evidence good-cause judicial-discretion plea-bargaining plea-offer prejudicial-evidence pretrial-motion | 1. Whether, in direct conflict with decisions of other circuits, the Eighth Circuit correctly held that under Fed. R. Crim. P. 12(c), a defendant who … |
| 21-277 | Betty E. Smith, as Attorney-In-Fact for Paul C. Smith, Individually and on Behalf of the ERISA-Covered Plan v. HPR Clinic, LLC, et al. | Sixth Circuit | 2021-08-25 | Denied | daubert-standard district-court evidentiary-procedure expert-testimony federal-rules-of-evidence judicial-appointment methodology methodology-standards rule-706 | Whether an expert appointed by agreement of the parties by a District Court under Federal Rule of Evidence 706 must employ methodology that is general… | |
| 21-5301 | Justin Lane Foust v. United States | Tenth Circuit | 2021-08-05 | Denied | Response WaivedIFP | daubert daubert-standard expert-testimony federal-rules-of-evidence forensic-evidence general-acceptance handwriting-analysis handwriting-comparison judicial-reliability kumho-tire scientific-methodology | Can the admissibility of expert testimony about the supposed author of a forged writing be upheld on a record that shows little (if anything) more tha… |
| 21-5039 | Gavin Wayne Wright v. United States | Tenth Circuit | 2021-07-08 | Denied | IFP | co-conspirator-statements co-defendant criminal-conspiracy due-process entrapment false-statements federal-rules-of-evidence government-agent jury-instruction materiality testimony | I. Petitioner pointed to the Government agent's testimony about his "recruitment" role and activities for co-defendant Patrick Stein, and admitted tes… |
| 21-5032 | Paris Poe v. United States | Seventh Circuit | 2021-07-07 | Denied | Response WaivedIFP | daubert daubert-standard evidence evidence-admissibility expert-testimony feature-comparison federal-rules-of-evidence reliability-standard scientific-methodology scientific-reliability subjective-feature-comparison | Whether this Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Federal Rule of Evidence 702 require lower cou… |
| 20-8404 | Andre Brown and Anthony Wilson v. United States | Ninth Circuit | 2021-06-23 | Denied | Response WaivedIFP | circuit-split coded-language drug-jargon expert-testimony federal-rules-of-evidence law-enforcement-testimony lay-witness rule-701 | Whether government agents can testify solely as lay witnesses under Rule 701 of the Federal Rules of Evidence, when they were not parties to the conve… |
| 20-8322 | Fabian Perpall v. United States | Eleventh Circuit | 2021-06-15 | Denied | IFP | circuit-split contested-issue criminal-evidence criminal-procedure federal-rules-of-evidence not-guilty-plea plea-of-not-guilty prior-bad-acts rule-404(b) rule-404b state-of-mind | By pleading not guilty, can a defendant make his prior convictions admissible under Rule 404(b) to show "state of mind"? |
| 20-8143 | Merwin Smith v. United States | Eighth Circuit | 2021-05-26 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split criminal-law criminal-prosecution evidence evidence-rule-404b federal-prosecution federal-rules-of-evidence gun-possession prior-convictions propensity-evidence rule-404(b) | Are prior gun possession convictions admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date when the government c… |
| 20-8116 | Carlos Bayon v. United States | Second Circuit | 2021-05-25 | Denied | Response WaivedIFP | circuit-split criminal-procedure evidence evidence-admissibility federal-rule-of-evidence-404(b) federal-rules-of-evidence judicial-discretion legal-interpretation rule-of-exclusion rule-of-inclusion | Federal Rule of Evidence 404(b) permits the admission of evidence of any other crime, wrong or act to prove a criminal defendant's motive, opportunity… |
| 20-8081 | Melvin Roshard Alfred v. United States | Tenth Circuit | 2021-05-20 | Denied | Response WaivedIFP | criminal-procedure evidence evidence-admissibility federal-rules-of-evidence intrinsic-evidence misconduct-evidence rule-404(b) rule-404b social-media uncharged-misconduct | Whether uncharged misconduct evidence that does not directly prove the charged crime may be deemed "intrinsic evidence" and admitted without the admis… |
| 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… |
| 20-7482 | Lavellous Purcell v. United States | Second Circuit | 2021-03-17 | Denied | IFP | electronic-data-privacy federal-rules-of-evidence fourth-amendment general-warrants internet-privacy interstate-commerce mann-act particularity-requirement probable-cause search-and-seizure search-warrant | 1. Whether a search warrant ordering Facebook to hand over the defendant's entire account to law enforcement for review, without limiting either Faceb… |
| 20-1042 | Pedro Hernandez v. New York | New York | 2021-01-29 | Denied | Response Waived | constitutional-evidence criminal-procedure due-process evidence federal-rules-of-evidence holmes-precedent holmes-v-south-carolina relevance-standard third-party-guilt | This Court has long held that a criminal defendant has a constitutional right to introduce evidence suggesting that someone else committed the crime c… |
| 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… |
| 20-6844 | Jose Angel Torres v. United States | Fifth Circuit | 2021-01-12 | Denied | Response WaivedIFP | abuse-of-discretion fair-trial federal-rules-of-evidence hearsay rule-of-completeness video-evidence | Is a Defendant denied a Fair Trial when a District Court Finds that additional video evidence is admissible under the Rule of Completeness to prevent … |
| 20-5947 | Craig Martin Shults v. United States | Ninth Circuit | 2020-10-08 | Denied | Response WaivedIFP | 18-usc-115 criminal-procedure criminal-prosecution due-process evidence-admissibility federal-judge federal-rules-of-evidence federal-statute federal-threat subsequent-act-evidence | Whether, in an 18 U.S.C. § 115(a)(1)(B) prosecution for threatening a federal judge, subsequent act evidence of additional threats made months after t… |
| 20-5905 | Travon Jarvel Jackson v. United States | Ninth Circuit | 2020-10-05 | Denied | Response WaivedRelisted (2)IFP | confrontation-clause criminal-procedure evidence-admissibility federal-rules-of-evidence rule-412 rule-608b sex-trafficking sixth-amendment witness-impeachment | A. Whether evidence of prior prostitution activity that is inadmissible under Rule 412 of the Federal Rules of Evidence to rebut a claim of sex traffi… |
| 20-420 | Jack R. T. Jordan v. Department of Labor | Eighth Circuit | 2020-10-01 | Denied | Response Waived | administrative-law administrative-procedure-act constitutional-interpretation federal-rules-of-civil-procedure federal-rules-of-evidence foia foia-review judicial-misconduct judicial-procedure judicial-review supreme-court-precedent | 1. Whether, under the Freedom of Information Act ("FOIA"), lower courts may disregard, violate or change the plain language of the judicial review pro… |
| 20-5481 | Fredrick Brown v. United States | Third Circuit | 2020-08-25 | Denied | Response WaivedIFP | cross-examination federal-rules-of-evidence fifth-amendment mens-rea prior-acts sixth-amendment victim-witness-evidence | Were the Petitioner's rights under the Fifth and Sixth Amendments to the United States Constitution infringed, where pursuant to F.R.E. 412, the Trial… |
| 20-129 | Muhanad Elfatih M. A. Badawi v. United States | Ninth Circuit | 2020-08-07 | Denied | Response Waived | criminal-procedure due-process evidence fair-trial federal-rules-of-evidence foreign-terrorist-organization material-support old-chief old-chief-precedent rule-403 terrorism-evidence | Whether graphic evidence of terrorism, admitted without the balancing test required by Fed. R. Evid. 403 and Old Chief v. United States, 519 U.S. 172,… |
| 19-8887 | Maria Pena-Rivera v. United States | Ninth Circuit | 2020-07-02 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court evidence-admissibility evidence-admission evidentiary-standard federal-rules-of-evidence judicial-error rule-403 rule-404(b) | Is it error by the district court to fail to enumerate the specific basis for allowing evidence pursuant for Federal Rule of Evidence section 404(b) s… |
| 19-8819 | Hector Rivera v. United States | Second Circuit | 2020-06-25 | Denied | Response WaivedIFP | alternative-evidence confrontation-right cross-examination district-court-discretion evidentiary-limitation federal-rules-of-evidence rule-403 sixth-amendment | Whethe r a district court 's discretion to limit the Sixth Amendment right to confront witnesses is as broad as the general discr etion to limit evid … |
| 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… |
| 19-8528 | Melvin Russell v. United States | Tenth Circuit | 2020-05-22 | Denied | IFP | circuit-split complainant complainant-testimony criminal-defendant evidence-proffering federal-rule-of-evidence-412 federal-rules-of-evidence rape-shield-rule sexual-behavior substantive-evidence | Whether a criminal defendant proffering evidence of a complainant's other sexual behavior under one of the three exceptions to the federal rape-shield… |
| 19-8456 | Thomas Hopes v. United States | Third Circuit | 2020-05-14 | Denied | Response WaivedIFP | circuit-split essential-elements evidence-standard federal-rules-of-evidence helpfulness law-enforcement-witnesses lay-opinion-testimony personal-perception rule-701 usurping-jury-role | The Third Circuit panel majority, deepening a mature circuit split regarding the foundational requirements of Federal Rule of Evidence 701, ruled that… |
| 19-8449 | Gregory Harris, Jr. v. United States | Third Circuit | 2020-05-12 | Denied | Response WaivedIFP | circuit-split criminal-prosecution evidentiary-standards federal-rules-of-evidence helpfulness law-enforcement-witnesses lay-opinion-testimony personal-perception usurping-jury-role | The Third Circuit panel majority, deepening a mature circuit split regarding the foundational requirements of Federal Rule of Evidence 701, ruled that… |
| 19-8415 | Arthur Stanley v. United States | Second Circuit | 2020-05-07 | Denied | Response WaivedIFP | criminal-procedure due-process evidence-relevance federal-rules-of-evidence gang-related-crime relevant-evidence rico-statute rule-401 standing statutory-interpretation | 1. Where the Government introduced a cache of weapons found four years before the alleged crime, simply because gang graffiti was found nearby, should… |
| 19-8184 | William Francis Walsh, IV v. United States | Ninth Circuit | 2020-04-06 | Denied | Response WaivedRelisted (2)IFP | 18-usc-2252 criminal-procedure evidence-presentation federal-rules-of-evidence ninth-circuit-interpretation old-chief-precedent old-chief-v-united-states prejudicial-material rule-403 stipulation | Did the Ninth Circuit's disposition of Petitioner's Rule 403 claim, based on the district court's having abused its discretion by rejecting his proffe… |
| 19-8020 | Walter Freeman Jordan, III v. United States | Fifth Circuit | 2020-03-17 | Denied | Response WaivedIFP | aiding-and-abetting criminal-procedure evidence-admission federal-rules-of-criminal-procedure federal-rules-of-evidence fifth-circuit harmless-error hearsay hearsay-evidence standard-of-review | I. On Appeal WALTER JORDAN argued that the erroneous admission of hearsay evidence that he was the brother of one of the co-defendants caught leaving … |
| 19-7802 | Fernando Ramirez Noria v. United States | Fifth Circuit | 2020-02-27 | Denied | Response WaivedIFP | alienage confrontation-clause crawford-precedent crawford-v-washington essential-element federal-rules-of-evidence Hearsay non-testifying-agents sixth-amendment | Did the admission of the non-testifying agents' reports of their interviews of the defendant to prove alienage, an essential element of the offense, v… |
| 19-7737 | Charles Wolfe v. United States | Eighth Circuit | 2020-02-21 | Denied | Response WaivedIFP | advice-of-counsel compliance-officer controlled-substance-analogue controlled-substance-analogue-act controlled-substance-analogue-enforcement-act criminal-defense fair-notice federal-evidence federal-rules-of-evidence federal-rules-of-evidence-403 industry-expert mens-rea statutory-interpretation vagueness | When the "advice of counsel" is an industry expert on the CSA and the Analogue Act, and was the petitioner's compliance officer, how can that defense … |
| 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… |
| 19-7539 | Shamir Kane v. United States | Third Circuit | 2020-02-04 | Denied | Response WaivedIFP | criminal-indictment criminal-procedure criminal-procedure-joinder federal-rules-of-criminal-procedure federal-rules-of-evidence hobbs-act joinder severance witness-tampering | 1. Did the Court of Appeals err in upholding the District Court's joinder, under Fed. R. Crim. P. 8, of counts in an indictment related to one Hobbs A… |
| 19-7235 | Trevon Gross v. United States | Second Circuit | 2020-01-09 | Denied | Response WaivedIFP | daubert due-process federal-rules-of-criminal-procedure federal-rules-of-evidence hearsay prosecutorial-discretion | 1. Should the Government be able to convert an expert witness into a summary witness by supplying one of several possible accounting methodologies, an… |
| 19-7208 | Gbenga Benson Ogundele v. United States | Fourth Circuit | 2020-01-08 | Denied | Response WaivedIFP | chapman-standard confrontation-clause due-process evidence fair-trial federal-rule-of-evidence federal-rules-of-evidence government-evidence sixth-amendment | Whether voluminous amounts of substantive evidence containing prejudicial opinions of government agents held to be erroneously admitted under Federal … |
| 19-855 | Lenin Lugo v. United States | Eleventh Circuit | 2020-01-08 | Denied | Amici (1) | circuit-split expert-witness expert-witness-testimony federal-rules-of-evidence law-enforcement-opinion lay-witness lay-witness-testimony professional-experience rule-701 rule-702 | Under Federal Rule of Evidence 702, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in opinion fo… |
| 19-7149 | Guillermo Herrera v. United States | Ninth Circuit | 2020-01-06 | Denied | Response WaivedIFP | admissibility circuit-split daubert-standard daubert-v-merrell-dow expert-testimony eyewitness-identification federal-rules-of-evidence jury-instructions scientific-evidence | In Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), this Court held that Fed. R. Evid. 702 superseded the common law rule governing the ad… |
| 19-6819 | Frankie Ovies v. United States | Ninth Circuit | 2019-12-03 | Denied | Response WaivedIFP | cell-phone-evidence cell-phones circuit-split criminal-procedure digital-evidence digital-forensics expert-testimony federal-rules-of-evidence forensic-technology lay-testimony | 1. Whether using Cellebrite technology to download forensic digital evidence from a cell phone requires specialized or technical knowledge so that the… |
| 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… |
| 19-6668 | Andrew J. J. Wolf, et al. v. Idaho Board of Correction, et al. | Ninth Circuit | 2019-11-19 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | abuse-of-discretion appellate-review civil-procedure completeness-doctrine federal-rules-of-evidence motion-to-stay ninth-circuit rule-106 summary-judgment trial-record | Petitioners, Andrew J.J. Wolf and R. Hans Kruger, filed a Motion to Stay Second Summary Judgment based upon the fact defendants counsel had chose to u… |
| 19-6509 | William Gaudet v. United States | First Circuit | 2019-11-06 | Denied | Response WaivedIFP | 18-usc-2423(a) appeals-court appellate-review conviction criminal-sentencing district-court evidence-exclusion evidence-rule-403 federal-rules-of-evidence federal-sentencing-guidelines judgment-of-acquittal motion-in-limine prior-testimony sentencing standard-of-review whether-the-appeals-court-erred-in-upholding-the-d | I. WHETHER THE APPEALS COURT ERRED IN UPHOLDING THE DISTRICT COURT'S DENIAL OF THE PETITIONTER'S MOTION IN LIMINE SEEKING TO EXCLUDE THE PRIOR TESTIMO… |
| 19-394 | Sergio Mejia-Duarte v. United States | Eleventh Circuit | 2019-09-24 | Denied | Response Waived | criminal-procedure due-process extradition-treaty fair-trial federal-rules-of-evidence fre-403 fre-404(b) hearsay-evidence international-extradition international-law treaty unrelated-murder | I. WHETHER A CRUCIAL MANDATE OF THE INTERNATIONAL EXTRADITION TREATY BETWEEN THE UNITED STATES AND HONDURAS WAS VIOLATED WHEN THE PROSECUTION AT TRIAL… |
| 19-5781 | Yong S. Cha, aka Edward Cha v. United States | Ninth Circuit | 2019-09-03 | Denied | Response WaivedIFP | adversarial-testing criminal-procedure due-process evidentiary-waiver federal-rules-of-criminal-procedure federal-rules-of-evidence plea-bargaining proffer-statements prosecutorial-discretion prosecutorial-misconduct sixth-amendment | I. When the Government has agreed not to use a defendant's statements except to refute a defense at trial, may the Government only use those proffer s… |
| 19-5689 | Benjamin Oshea Calhoun v. Tony Villa, et al. | Fifth Circuit | 2019-08-23 | Denied | Response WaivedIFP | civil-procedure civil-procedure-12b6 civil-rights due-process false-statements federal-rules-of-civil-procedure federal-rules-of-evidence judicial-recusal judicial-supervision legal-authority motion-to-dismiss probable-cause standing warrantless-arrest | Rather the Appellant courts ruling to uphold the District Courts order which granted defendants motions to dismiss conflicts with the Supreme courts p… |
| 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… |
| 19-5550 | Jackie Duncan v. United States | Tenth Circuit | 2019-08-09 | Denied | Response WaivedIFP | 10th-circuit abuse-of-discretion civil-procedure constitutional-vagueness due-process evidence-admissibility federal-courts federal-jurisdiction federal-rules-of-evidence judicial-discretion procedural-error rule-403 rule-404(b) rule-404b standard-of-review | 1. WHETHER THE 10TH CIRCUIT ERRED IN RULING THE WESTERN DISTRICT OF OKLAHOMA DIDN'T ABUSE THEIR DISCRETION? 2. WHETHER ANTHONY JOHNSON. TESTIMONY OUT… |
| 19-5437 | Ekaterini Alexopoulos v. Steven Goldsmith, P.A., et al. | Florida | 2019-08-02 | Denied | IFP | district-court-error duty-to-control duty-to-control-third-person ethics-violation expert-witness federal-rules-of-evidence legal-malpractice rule-702 special-relation standard-of-care | 1. The issue presented by Petitioner's Writ of Certiorari in this legal malpractice case is not whether a properly instructed jury could have ruled in… |
| 18-9600 | Patricia Diane Smith Sledge v. United States | Ninth Circuit | 2019-06-10 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court due-process evidence-rules evidentiary-ruling federal-rules-of-evidence procedural-error sufficiency-of-evidence summary-evidence witness-tampering | Did the district court prejudicially err when admitting Exhibit 1 as a summary pursuant to Fed Rules of Evidence, rule 1006? Was the evidence suffici… |
| 18-9534 | Femi Alexander Mewase v. United States | Fifth Circuit | 2019-06-05 | Denied | Response WaivedIFP | 18-usc-3553a confrontation-clause criminal-procedure criminal-procedure-jury-selection due-process federal-rules-of-evidence jury-selection sentencing | Whether the Fifth Circuit erred by affirming the improper removal of Juror 20. Whether the Fifth Circuit erred by upholding the admission of evidence… |
| 18-1482 | Semyya Lanise Cunningham v. United States | Fourth Circuit | 2019-05-29 | Denied | circumstantial-guarantees circumstantial-guarantees-of-trustworthiness credibility credibility-of-witnesses district-court district-court-discretion evidence-law evidence-rule-807 federal-rules-of-evidence hearsay-exception hearsay-rule judicial-discretion residual-hearsay-exception rule-807 trustworthiness witness-credibility | Whether a finding of "circumstantial guarantees of trustworthiness" may be premised on a district court's belief in the truth of the hearsay statement… | |
| 18-9315 | Casey Peebles v. United States | Eighth Circuit | 2019-05-16 | Denied | Response WaivedIFP | 1st-circuit 8th-circuit circuit-conflict circuit-split codefendant-testimony criminal-procedure due-process exculpatory-testimony federal-rules-of-evidence newly-discovered-evidence rule-33 | In Petitioner's jury trial on federal drug offenses, the district court allowed a prosecution witness to testify under Fed. R. Evid. 801(d)(2)(E) to o… |
| 18-9077 | Cecelia D. Walton v. North Carolina Department of Health and Human Services, Disability Determination Services | Fourth Circuit | 2019-05-01 | Denied | IFP | admissibility civil-rights eeoc eeoc-determination eeoc-reasonable-cause-determination employment-discrimination federal-rules-of-evidence federal-rules-of-evidence-403 pretext retaliation summary-judgment title-vii workplace-discrimination | With regards to EEOC Reasonable Charge Determinations issued pursuant to the EEOC investigation conducted, is the Reasonable Cause Determination autom… |
| 18-1294 | Michael D. Lynch, et ux. v. Deutsche Bank National Trust Company, et al. | Eleventh Circuit | 2019-04-12 | Denied | Response Waived | business-records circuit-split due-process equal-protection erie-doctrine federal-rules-of-evidence hearsay hearsay-testimony national-mortgage-settlements summary-judgment supervisory-power | This case presents clear conflict on a pure question of law, regarding the Federal Rules of Evidence. According to the Eleventh Circuit, the hearsay s… |
| 18-1262 | Corona Regional Medical Center, et al. v. Marlyn Sali, et al. | Ninth Circuit | 2019-04-02 | Dismissed | admissibility circuit-split civil-procedure class-certification evidence evidence-admissibility federal-rules-civil-procedure federal-rules-of-civil-procedure federal-rules-of-evidence ninth-circuit precedent rule-23 standards-of-proof | Whether the requirements for class certification under Federal Rule of Civil Procedure 23 can be satisfied with inadmissible evidence. | |
| 18-8600 | Tony McLeod v. United States | Ninth Circuit | 2019-03-29 | Denied | Response WaivedIFP | cell-phones circuit-split criminal-evidence digital-forensics expert-testimony federal-rules-of-evidence fourth-amendment internet-anonymity lay-testimony mens-rea rule-702 sixth-amendment statutory-interpretation | 1. Whether using Cellebrite technology to download forensic digital evidence from a cell phone requires specialized or technical knowledge so that the… |
| 18-8364 | James D. Sullivan v. United States | Sixth Circuit | 2019-03-11 | Denied | Response WaivedIFP | child-pornography criminal-procedure evidence-rule-414 evidentiary-hearing federal-rules-of-evidence grand-jury plea-agreement plea-withdrawal prosecutorial-discretion rule-104 rule-414 | In a prosecution of a child pornography case under Title 18 U.S.C., Chapter 110, the government may seek to admit evidence of prior similar acts under… |
| 18-8358 | Joel S. Elliott v. United States | Tenth Circuit | 2019-03-08 | Denied | Response WaivedIFP | appeals appellate-procedure brief-denial certificate-of-appealability circuit-court-review civil-procedure civil-rights due-process federal-rules-of-evidence judicial-discretion jurisdiction merits standing | Did the Circuit Court err when it denied in part the appellants Combined Opening Brief and Application for Certificate of Appealability on the merits?… |
| 18-7973 | Jaime Villa v. United States | Ninth Circuit | 2019-02-14 | Denied | Response WaivedIFP | bank-robbery burden-of-proof crime-of-violence criminal-evidence criminal-law criminal-procedure due-process eighth-amendment federal-rules-of-evidence jury-instructions reasonable-doubt sufficiency-of-evidence | I. Whether There Was Insufficient Evidence To Prove Villa Guilty Beyond A Reasonable Doubt? II. Whether Armed Bank Robbery Constitutes A Crime Of Vio… |
| 18-7934 | Seaun Llwellyn Farthing v. Dara Watson, Warden | Fourth Circuit | 2019-02-12 | Denied | Relisted (2)IFP | criminal-procedure double-jeopardy due-process federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense perjury prior-conviction prosecutorial-misconduct statutory-burglary witness-testimony | Under Jackson v. Virginia 443 U.S. 307 (U.S.Va.1979) Was trial counsel ineffective for failing to prevent the prosecuting attorney of Newport News, Va… |
| 18-7675 | Eric Hayes v. United States | Third Circuit | 2019-01-30 | Denied | Response WaivedIFP | abstract-approach circuit-court collateral-appeal constitutional-law crawford-v-washington criminal-appeal daubert-v-merrell-dow double-jeopardy federal-rules-of-evidence illinois-v-vitale sixth-amendment supreme-court-precedent whalen-v-united-states | Whether the Third Circuit's denial/rejection that reasonable jurists would not debate the District Court's determination that Mr. Hayes convictions we… |
| 18-7525 | Delexsia Harris v. United States | Eleventh Circuit | 2019-01-23 | Denied | Response WaivedIFP | criminal-procedure evidence evidence-suppression federal-rules-of-evidence judicial-discretion old-chief-v-united-states prejudicial-evidence prejudicial-information prior-bad-acts rule-403 | Should the analysis utilized in, Old Chief v. United States, 519 US 172, 179; 117 S.ct 644, 651 (1997), for supression of prior bad acts in relation t… |
| 18-7245 | Ronnie Junior Rodriguez v. United States | Eleventh Circuit | 2019-01-08 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process evidence false-declaration federal-rules-of-evidence hearsay legal-procedure perjury self-incrimination standing witness-testimony | Question not identified. |
| 18-820 | Teresa Y. Weinacker v. National Loan Acquisitions Company | Eleventh Circuit | 2018-12-27 | Denied | Response Waived | civil-procedure civil-rights constitutional-interpretation court-procedure due-process evidence-admissibility federal-rules-of-civil-procedure federal-rules-of-evidence legal-precedent plausibility-standard standing subject-matter-jurisdiction twombly-iqbal | Whether lower courts can blatantly disregard U.S. Supreme Court, Eleventh Circuit and sister circuit precedent law, ignore landmark cases, disrespect … |
| 18-6965 | Lei Yin v. Biogen, Inc., fka Biogen-IDEC | First Circuit | 2018-12-07 | Denied | Response WaivedRelisted (2)IFP | civil-rights constitutional-protections discovery discovery-rules due-process federal-court-procedure federal-courts federal-rules-of-civil-procedure federal-rules-of-evidence judicial-fairness legal-representation pro-se pro-se-rights standing | Whether a Pro Se shall share the same right as those represented by lawyers that are protected by United States Constitution? Whether the Federal Cou… |
| 18-6667 | Khaled Elbeblawy v. United States | Eleventh Circuit | 2018-11-13 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | confession criminal-procedure federal-rules-of-evidence impeachment impeachment-use-waiver medicare-fraud plea-agreement plea-bargaining rule-11 substantive-evidence united-states-v-mezzanatto | Does the impeachment-use waiver doctrine established by the Court in United States v. Mezzanatto, 513 U.S. 196, for plea-related discussions permit th… |
| 18-6618 | Jessie Jesus Marquez v. United States | Tenth Circuit | 2018-11-08 | Denied | Response WaivedIFP | burden-of-proof circuit-split constitutional-burden constitutional-law criminal-procedure drug-case evidence-sufficiency expert-testimony federal-rules-of-evidence government-proof recorded-phone-call | Are statements made during a recorded phone call, standing alone, sufficient to sustain the Government's constitutional burden of proof in a drug case… |
| 18-520 | WeConnect, Incorporated v. Brooks Goplin | Seventh Circuit | 2018-10-19 | Denied | appellate-review due-process federal-rules-of-evidence judicial-notice standing sua-sponte unauthenticated-website website-authentication | Whether Federal Rules of Evidence 201, 901, and 902 and principles of due process forbid a district court to, sua sponte, take judicial notice of info… | |
| 18-6337 | Travis W. Williams v. Missouri | Missouri | 2018-10-16 | Denied | Response WaivedIFP | burden-of-proof child-sex-offense criminal-procedure due-process federal-rules-of-evidence fourteenth-amendment mo-const-art-i-18c presumption-of-innocence propensity-evidence | Whether the Fourteenth Amendment's Due Process Clause prohibits evidence that the defendant has an unrelated remote prior child sex offense conviction… |
| 18-6265 | Samuel Silva v. United States | Tenth Circuit | 2018-10-10 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure criminal-statute evidence evidence-prejudice federal-firearms federal-rule-403 federal-rules-of-evidence felon-in-possession felon-possession firearm-possession jury-instruction jury-instructions prejudice prejudicial-evidence probative-value rule-403 | Whether the practice of telling juries in a 18 U.S.C. § 922(g) (1) prosecution that the defendant is a previously -convicted felon, as is routine ly d… |
| 18-5933 | Mary Wilkerson v. United States | Eleventh Circuit | 2018-09-11 | Denied | Response WaivedRelisted (2)IFP | brady-doctrine brady-v-maryland due-process exculpatory-evidence federal-rules-of-evidence juror-dishonesty juror-misconduct kyles-v-whitley materiality post-trial-evidence prosecutorial-misconduct rule-of-evidence | 1. Whether, under Brady v. Maryland, 373 U.S. 83 (1963) and Kyles v. Whitley 514 U.S. 419 (1995) the Courts may consider information that arises after… |
| 18-5916 | Juan Flores v. United States | Eighth Circuit | 2018-09-07 | Denied | Response WaivedIFP | admissibility casual-conversation co-conspirator co-conspirator-statement co-conspirator-statements conspiracy conspiracy-evidence criminal-procedure evidence evidentiary-standard federal-rule-of-evidence federal-rules-of-evidence furtherance-of-conspiracy hearsay-exception | Whether the District Court and Eighth Circuit Court of Appeals erred when it ruled that a statement made during a casual conversation between co-consp… |
| 18-5747 | Javier Amador-Flores v. United States | Tenth Circuit | 2018-08-31 | Denied | Response WaivedIFP | circuit-split criminal-procedure evidence evidence-law expert-testimony federal-rules-of-evidence law-enforcement lay-opinion lay-opinion-testimony lay-testimony specialized-knowledge witness-testimony | When a law-enforcement agent expressly compares the events in a case to what is typical in other cases he has investigated, is his opinion based on "s… |
| 18-5717 | Anousone Savanh v. United States | Ninth Circuit | 2018-08-23 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure defense-expert due-process expert-testimony federal-rules-of-evidence ninth-circuit-review right-to-present-defense | May a court exclude a defense expert in a criminal case for failing to possess qualifications that Federal Rule of Evidence 702 does not require, the … |
| 18-5653 | Pamela Lynn Bravebull v. United States | Eighth Circuit | 2018-08-20 | Denied | Response WaivedIFP | cross-examination due-process evidence-rules expert-witness fair-trial federal-rules-of-evidence fifth-amendment sixth-amendment structural-error venireperson | 1. Evidence upon which the jury may rely in convicting a defendant must come through qualified sworn witnesses, not through a colloquy with a venirepe… |
| 18-5639 | Daniel Castleman, aka Chingachgook v. United States | Eleventh Circuit | 2018-08-17 | Denied | Response WaivedIFP | best-evidence-rule brady-violation confrontation-clause documentary-evidence due-process evidence evidence-certification federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct | DID THE GOVERNMENT COMMIT PROSECUTORIAL MISCONDUCT AND WAS COUNSEL INEFFECTIVE FOR FAILING TO OBJECT OR MOVE TO EXCLUDE GX-DC-2, WHEN THE GOVERNMENT P… |
| 18-5605 | Robert S. Beyer, II v. United States | Eighth Circuit | 2018-08-15 | Denied | Response WaivedIFP | admissibility appellate-procedure bad-character-evidence character-evidence criminal-procedure de-novo-review due-process evidence-rules federal-rules-of-evidence presumption-of-admissibility rule-403 rule-404 sentencing-guidelines victim-vulnerability | 1. Do Fed R. Evid. Rules 403 and 404 create a presumption favoring admissibility of bad character evidence? 2. May the United States Courts of Appeal… |
| 18-5438 | Ulriste Tulin v. United States | Fourth Circuit | 2018-08-02 | Denied | Response WaivedIFP | burden-of-proof confrontation-clause criminal-procedure due-process evidence-reliability federal-rules-of-evidence kidnapping new-trial out-of-court-identification suggestive-procedure witness-identification | I. Is an out of court identification of a defendant unduly suggestive and unreliable when the police twice showed the victim the same distorted image … |
| 18-5407 | Mladen Mitrovic v. United States | Eleventh Circuit | 2018-08-01 | Denied | Response WaivedIFP | administrative-law civil-procedure confrontation-clause due-process equal-protection federal-rules-of-evidence hearsay right-to-present-defense standing statutory-interpretation witness-unavailability | WHETHER THE DISTRICT COURT ERRONEOUSLY EXCLUDED THE STATEMENTS OF UNAVAILABLE WITNESSES, THEREBY DENYING PETITIONER THE RIGHT TO PRESENT A COMPLETE DE… |
| 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 … |
| 18-5286 | Odere Suleitopa v. United States | Fourth Circuit | 2018-07-20 | Denied | Response WaivedIFP | circuit-court-conflict circuit-split civil-procedure evidence evidence-admissibility federal-rule-of-evidence-701 federal-rules-of-evidence law-enforcement law-enforcement-officer-testimony law-enforcement-testimony lay-witness-testimony opinion-testimony personal-knowledge personal-knowledge-requirement witness-testimony | Federal Rule of Evidence 701 states that a lay witness's opinion testimony must be rationally based on the witness's perception. The Circuits have lon… |
| 18-5253 | Dennis DeCiancio v. United States | Sixth Circuit | 2018-07-17 | Denied | Response WaivedIFP | civil-rights criminal-procedure disclosure-duty due-process duty-to-disclose evidence evidence-admissibility federal-rules-of-evidence free-speech materiality prior-convictions rule-10b-5 securities securities-fraud | Whether evidence of unrelated prior convictions is admissible in securities fraud cases as direct proof of a fraud under Rule 10b-5, even though there… |