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Delilah Guadalupe Diaz v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-50238 · judgment January 19, 2023
Before the decision, about 4.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition.
Question presented
Federal Rule of Evidence 704(b) provides: "In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone." Fed. R. Evid. 704(b). The question is: In a prosecution for drug trafficking-where an element of the offense is that the defendant knew she was carrying illegal drugs-does Rule 704(b) permit a governmental expert witness to testify that most couriers know they are carrying drugs and that drug-trafficking organizations do not entrust large quantities of drugs to unknowing transporters?
Counsel of record
For petitioner
Jeffrey L. Fisher
Stanford Law - Supreme Court Litigation Clinic
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 merits
(2 supporting pet./neither, 1 respondent)
Argument & decision
Argued March 19, 2024 — Jeffrey L. Fisher · Matthew Guarnieri. Audio and transcript
Decided June 20, 2024. Opinion by Thomas.
Proceedings
- Jul 22 2024Judgment Issued.
- Jun 20 2024Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kavanaugh, Barrett, and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
- Mar 19 2024Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Feb 23 2024Reply of petitioner Delilah Diaz filed. (Distributed)
- Feb 23 2024Reply of Delilah Diaz not accepted for filing.(Duplicate submission) (February 29, 2024)
- Feb 14 2024CIRCULATED
- Feb 01 2024Brief amici curiae of John Monahan, et. al. filed.
- Jan 30 2024Sealed material received electronically from the United States Court of Appeals for the Ninth Circuit and available with the Clerk. The remainder of the record is electronic and is available on PACER.
- Jan 29 2024SET FOR ARGUMENT on Tuesday, March 19, 2024.
- Jan 29 2024Record requested from the United States Court of Appeals for the Ninth Circuit.
- Jan 26 2024Brief of respondent United States filed.
- Jan 16 2024Motion to file petitioner's brief on the merits under seal with redacted copies for the public record GRANTED.
- Jan 03 2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Jan 03 2024Brief amicus curiae of National Association of Federal Defenders filed.
- Dec 27 2023Motion to file petitioner's brief on the merits under seal with redacted copies for the public record filed by petitioner Delilah Diaz.
- Dec 27 2023Redacted brief of petitioner Delilah Diaz filed.
- Dec 27 2023Joint appendix filed. (Statement of costs filed)
- Nov 13 2023Petition GRANTED.
- Nov 06 2023DISTRIBUTED for Conference of 11/9/2023.
- Oct 18 2023DISTRIBUTED for Conference of 11/3/2023.
- Oct 18 2023Reply of petitioner Delilah Diaz filed. (Distributed)
- Sep 28 2023Brief of respondent United States in opposition filed.
- Sep 01 2023Motion to extend the time to file a response is granted and the time is further extended to and including September 28, 2023.
- Aug 31 2023Motion to extend the time to file a response from September 5, 2023 to September 28, 2023, submitted to The Clerk.
- Jul 27 2023Motion to extend the time to file a response is granted and the time is extended to and including September 5, 2023. See Rule 30.1.
- Jul 26 2023Motion to extend the time to file a response from August 4, 2023 to September 4, 2023, submitted to The Clerk.
- Jun 30 2023Petition for a writ of certiorari filed. (Response due August 4, 2023)
- May 02 2023Application (22A954) granted by Justice Kagan extending the time to file until July 1, 2023.
- Apr 28 2023Application (22A954) to extend the time to file a petition for a writ of certiorari from June 1, 2023 to July 1, 2023, submitted to Justice Kagan.