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Trudy Mighty, as Personal Representative of the Estate of David M. Alexis, Deceased v. Miguel Carballosa, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-15052 · judgment September 3, 2021


Certiorari denied · March 28, 2022
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The question before this Court is whether, in a civil case involving the killing of a young Black man, whose lawful gun was found twenty feet from his body amidst the officer’s spent bullet casings, the Eleventh Circuit erroneously applied the doctrine of “curative admissibility” to affirm the district court’s admission of admittedly inadmissible speculative opinions by the Defendant’s expert under the “curative admissibility” doctrine, without finding 1) Plaintiff opened the door with unfairly prejudicial inadmissible testimony or 2) Plaintiff opened the door with testimony that raised an unfairly prejudicial false or misleading impression that otherwise inadmissible but indisputable evidence would rebut, in conflict with decisions from every other circuit court of appeals?

Counsel of record

For petitioner
Roy D. Wasson

For respondent
Ana Angelica Viciana
Miami-Dade County Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 28 2022
    Petition DENIED.
  2. Mar 09 2022
    DISTRIBUTED for Conference of 3/25/2022.
  3. Mar 02 2022
    Waiver of right of respondent Miguel Carballosa, et al. to respond filed.
  4. Jan 27 2022
    Petition for a writ of certiorari filed. (Response due March 18, 2022)