No. 21-192

Gregory S. Simpson v. United States

Lower Court: Armed Forces
Docketed: 2021-08-11
Status: Denied
Type: Paid
Response Waived
Tags: aiding-and-abetting contraband criminal-liability due-process guilty-plea mens-rea statutory-construction
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Is it a constitutional due process violation for Petitioner's guilty plea to distribution of indecent images to be accepted based on a theory that he 'aided and abetted' a distribution of indecent images to himself, when the only individuals involved were the distributor and Petitioner as the recipient?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Is it a constitutional due process violation for Petitioner’s guilty plea to distribution of indecent images to be accepted based on a theory that he “aided and abetted” a distribution of indecent images to himself, when the only individuals involved were the distributor and Petitioner as the recipient? 2. Is it a constitutional due process violation for Petitioner to be convicted for another’s non-criminal act of sending indecent images to Petitioner, and when his receipt and possession of the images were also not criminal acts? 3. What is the mens rea required for an aider and abettor to incur criminal liability when the penal law applicable to the aider and abettor requires a general intent, but the penal law applicable to the principal requires specific intent?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-08-19
Waiver of right of respondent United States to respond filed.
2021-08-09
Petition for a writ of certiorari filed. (Response due September 10, 2021)

Attorneys

Gregory Simpson
Tami L. MitchellLaw Office of Tami L. Mitchell, Petitioner
Tami L. MitchellLaw Office of Tami L. Mitchell, Petitioner
United States v. America
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent