No. 22-6762

Ryan Galal Van Dyck v. Arizona

Lower Court: Arizona
Docketed: 2023-02-13
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 8th-amendment child-pornography cruel-and-unusual-punishment eighth-amendment life-sentence mandatory-sentencing proportionality sentencing
Key Terms:
Punishment CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2023-03-17
Question Presented (AI Summary)

Does a mandatory de facto life sentence for mere possession of child pornography images, when the person has never directly abused or attempted to abuse a child, violate the Eighth Amendment's prohibition on cruel and unusual punishment?

Question Presented (OCR Extract)

QUESTION PRESENTED Arizona’s criminalization of possession of child pornography makes each image possessed as the unit of prosecution, and the sentence for each offense is ten to twenty-four years with no possibility of early release. When the child depicted in the image is under age 15, Arizona punishes the offense as a “dangerous crime against children,” which requires the sentence for the offense to be run consecutively to all other sentences. In combination, this means that any person who possesses more than a handful of images will receive a mandatory cumulative sentence that far exceeds his life span, even though the person never took part in the abuse of any child. The question presented is: Does a mandatory de facto life sentence for mere possession of child pornography images, when the person has never directly abused or attempted to abuse a child, violate the Eighth Amendment’s prohibition on cruel and unusual punishment?

Docket Entries

2023-03-20
Petition DENIED.
2023-03-02
DISTRIBUTED for Conference of 3/17/2023.
2023-02-14
Waiver of right of respondent State of Arizona to respond filed.
2023-01-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2023)
2022-11-02
Application (22A372) granted by Justice Kagan extending the time to file until January 20, 2023.
2022-10-28
Application (22A372) to extend the time to file a petition for a writ of certiorari from November 21, 2022 to January 20, 2023, submitted to Justice Kagan.

Attorneys

Ryan Galal Van Dyck
David Joseph Euchner — Petitioner
David Joseph Euchner — Petitioner
State of Arizona
Laura Patrice ChiassonArizona Attorney General, Respondent
Laura Patrice ChiassonArizona Attorney General, Respondent