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Diaz v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
23-14 9th Cir. Mar 19, 2024
 Jun 20, 2024 6-3 Thomas OT 2023

Holding: Expert testimony that “most people” in a group have a particular mental state is not an opinion about “the defendant” and thus does not violate Federal Rule of Evidence 704(b).

Judgment: Affirmed, 6-3, in an opinion by Justice Thomas on June 20, 2024. Justice Jackson filed a concurring opinion. Justice Gorsuch filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
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.
May 02 2023Application (22A954) granted by Justice Kagan extending the time to file until July 1, 2023.
Jun 30 2023Petition for a writ of certiorari filed. (Response due August 4, 2023)
Jul 26 2023Motion to extend the time to file a response from August 4, 2023 to September 4, 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.
Aug 31 2023Motion to extend the time to file a response from September 5, 2023 to September 28, 2023, submitted to The Clerk.
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.
Sep 28 2023Brief of respondent United States in opposition filed.
Oct 18 2023DISTRIBUTED for Conference of 11/3/2023.
Oct 18 2023Reply of petitioner Delilah Diaz filed. (Distributed)
Nov 06 2023DISTRIBUTED for Conference of 11/9/2023.
Nov 13 2023Petition GRANTED.
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)
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.
Jan 16 2024Motion to file petitioner's brief on the merits under seal with redacted copies for the public record GRANTED.
Jan 26 2024Brief of respondent United States filed.
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 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.
Feb 01 2024Brief amici curiae of John Monahan, et. al. filed.
Feb 14 2024CIRCULATED
Feb 23 2024Reply of petitioner Delilah Diaz filed. (Distributed)
Feb 23 2024Reply of Delilah Diaz not accepted for filing.(Duplicate submission) (February 29, 2024)
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.
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.
Jul 22 2024Judgment Issued.