No. 18-6939

Jonathan S. Nelson v. Joe Norwood, Secretary, Kansas Department of Corrections, et al.

Lower Court: Tenth Circuit
Docketed: 2018-12-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-pornography conviction-reversal de-novo-review due-process first-amendment obscenity scienter
Key Terms:
FirstAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-01-11
Question Presented (AI Summary)

Whether the right to a de novo review demands the reversal of conviction once the images disappear from the record post-conviction if the verbiage in the record is objectively less explicit than that of Osborne v. Ohio

Question Presented (from Petition)

No question identified. : Questions 1. Concerning a violation of KSA 21-3516a(2), given that the images’ nature was reasonably disputed, does the right to a de novo review demand the reversal of conviction once the images disappear from the record post-conviction if the verbiage in the record is objectively less explicit than that of Osborne v. Ohio? 2. Given that a COA was granted on First Amendment grounds, was the Tenth Circuit correct to disassociate scienter from the First Amendment? 3. ISKSA 21-3516a(2) (now KSA 21-5510a(2)) unconstitutional for lack of a de facto scienter requirement, in general or as applied to the petitioner?

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Waiver of right of respondents Joe Norwood, et al. to respond filed.
2018-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2019)

Attorneys

Joe Norwood, et al.
Kristafer AilsliegerKansas Attorney General's Office-Office of Solicitor General, Respondent
Kristafer AilsliegerKansas Attorney General's Office-Office of Solicitor General, Respondent
Jonathan S. Nelson
Jonathan S. Nelson — Petitioner
Jonathan S. Nelson — Petitioner
Ray Roberts
Kristafer Ross Ailslieger — Respondent
Kristafer Ross Ailslieger — Respondent