Diaz v. United States

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.

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Date	Proceedings and Orders (key to color coding)
04/28/2023	Application (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.
05/02/2023	Application (22A954) granted by Justice Kagan extending the time to file until July 1, 2023.
06/30/2023	Petition for a writ of certiorari filed. (Response due August 4, 2023)
07/26/2023	Motion to extend the time to file a response from August 4, 2023 to September 4, 2023, submitted to The Clerk.
07/27/2023	Motion 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.
08/31/2023	Motion to extend the time to file a response from September 5, 2023 to September 28, 2023, submitted to The Clerk.
09/01/2023	Motion to extend the time to file a response is granted and the time is further extended to and including September 28, 2023.
09/28/2023	Brief of respondent United States in opposition filed.
10/18/2023	DISTRIBUTED for Conference of 11/3/2023.
10/18/2023	Reply of petitioner Delilah Diaz filed. (Distributed)
11/06/2023	DISTRIBUTED for Conference of 11/9/2023.
11/13/2023	Petition GRANTED.
12/27/2023	Motion to file petitioner's brief on the merits under seal with redacted copies for the public record filed by petitioner Delilah Diaz.
12/27/2023	Redacted brief of petitioner Delilah Diaz filed.
12/27/2023	Joint appendix filed. (Statement of costs filed)
01/03/2024	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
01/03/2024	Brief amicus curiae of National Association of Federal Defenders filed.
01/16/2024	Motion to file petitioner's brief on the merits under seal with redacted copies for the public record GRANTED.
01/26/2024	Brief of respondent United States filed.
01/29/2024	SET FOR ARGUMENT on Tuesday, March 19, 2024.
01/29/2024	Record requested from the United States Court of Appeals for the Ninth Circuit.
01/30/2024	Sealed 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.
02/01/2024	Brief amici curiae of John Monahan, et. al. filed.
02/14/2024	CIRCULATED
02/23/2024	Reply of petitioner Delilah Diaz filed. (Distributed)
02/23/2024	Reply of Delilah Diaz not accepted for filing.(Duplicate submission) (February 29, 2024)
03/19/2024	Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
06/20/2024	Adjudged 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.
07/22/2024	Judgment Issued.