The petitions of the day are:

Jayyousi v. United States

Docket: 11-1194
Issue(s): Whether, consistent with the ruling below and that of four other circuits, and contrary to the rule in five circuits, lay opinion testimony satisfies Federal Rules of Evidence 701(a) and (b) -- which require that lay opinion testimony be “rationally based on the witness’s perception” and that it be “helpful” to the factfinder’s determination -- where the witness has no first-hand knowledge of the underlying events about which the witness opines.

Certiorari stage documents:

Hassoun v. United States

Docket: 11-1198
Issue(s): (1) Whether Federal Rule of Evidence 701 permits a lay witness with no percipient knowledge of conversations to offer “opinions” as to a speaker’s supposed meaning of words used in those conversations; and (2) whether the terrorism sentencing enhancement may be imposed in the absence of the statutorily-required finding that the defendant’s motive is to intimidate, coerce, or retaliate against government conduct.

Certiorari stage documents:

Posted in Jayyousi v. U.S., Hassoun v. U.S., Cases in the Pipeline

Recommended Citation: Matthew Bush, Petitions of the day, SCOTUSblog (May. 8, 2012, 11:09 AM), http://www.scotusblog.com/2012/05/petitions-of-the-day-9/