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Joshua Herrera v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-13706 · judgment January 7, 2025


Certiorari denied · June 23, 2025
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, an Eleventh Circuit decision below, and counsel who has filed here before.

Question presented

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 favor of their own precedent on the scope of expert testimony under Federal Rules of Evidence 704(b) in holding that a psychological expert could not give an opinion in a prosecution under 18 U.S.C. § 2422(b) that the defendant did not generally have sexual interest in children?

Counsel of record

For petitioner
Adam Marshall Hames
The Hames Law Firm LLC

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 23 2025
    Petition DENIED.
  2. Jun 03 2025
    DISTRIBUTED for Conference of 6/18/2025.
  3. May 19 2025
    Brief of respondent United States in opposition filed.
  4. Apr 11 2025
    Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2025.
  5. Apr 10 2025
    Motion to extend the time to file a response from April 17, 2025 to May 19, 2025, submitted to The Clerk.
  6. Mar 14 2025
    Petition for a writ of certiorari filed. (Response due April 17, 2025)