The Supreme Court Update - November 13, 2023

Dorsey & Whitney LLP

Today, the Supreme Court of the United States granted certiorari in one case:

Diaz v. United States, No. 23-14: This criminal drug-trafficking case involves interpretation of Rule 704(b) of the Federal Rules of Evidence, which bars expert witnesses from stating “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.” The question presented 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?

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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