No. 22-110

Julian D. Schmidt v. United States

Lower Court: Armed Forces
Docketed: 2022-08-03
Status: Denied
Type: Paid
Response Waived
Tags: child-endangerment child-protection criminal-law intent-standard mens-rea physical-proximity proximity-definition sensory-awareness statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Does the ambiguous phrase 'in the presence of a child' require the child to be aware of the conduct through a sensory connection, regardless of physical proximity, or does 'in the presence of a child' require merely that the child be within physical proximity, regardless of whether the child is unaware of the conduct (i.e. sleeping or unconscious)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Questions Presented are: 1. Does the ambiguous phrase “in the presence of a child” require the child to be aware of the conduct through a sensory connection, regardless of physical proximity, or does “in the presence of a child” require merely that the child be within physical proximity, regardless of whether the child is unaware of the conduct (i.e. sleeping or unconscious)? 2. Does “intentionally done .. . in the presence of a child” require an intent to harm the child by making the child aware of the acts, or does “intentionally done” require an intent to merely perform the act while being aware a child is present?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-10
DISTRIBUTED for Conference of 9/28/2022.
2022-08-05
Waiver of right of respondent United States to respond filed.
2022-08-01
Petition for a writ of certiorari filed. (Response due September 2, 2022)
2022-06-02
Application (21A781) granted by The Chief Justice extending the time to file until August 1, 2022.
2022-05-26
Application (21A781) to extend the time to file a petition for a writ of certiorari from June 2, 2022 to August 1, 2022, submitted to The Chief Justice.

Attorneys

Julian D. Schmidt
Tami L. MitchellLaw Office of Tami L. Mitchell, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent