| 23-406 |
Taylor J. Matson v. United States |
Ninth Circuit |
2023-10-18 |
Denied |
Response Waived |
case-agent criminal-procedure evidence evidence-summary jury-inference jury-instructions lay-opinion lay-witness-testimony legal-interpretation plain-language-interpretation summary-of-evidence witness-testimony |
Whether case agents may offer lay opinions summarizing evidence, interpreting plain language, and drawing inferences from evidence that only a jury ma… |
| 22-5054 |
Tyrik Upchurch v. United States |
Third Circuit |
2022-07-08 |
Denied |
Response WaivedIFP |
appellate-review due-process evidence-rules expert-testimony expert-witness-testimony judicial-procedure judicial-proceedings lay-witness-testimony new-trial standard-of-review third-circuit trial-error |
Did the Court of Appeal s for the Thi rd Ci rcuit so far depart from the accepted
and usual course of judi cial proceedi ngs, or sancti oned such a de… |
| 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. |
| 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… |
| 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… |