No. 24-1100

Ashu Joshi v. United States

Lower Court: Eighth Circuit
Docketed: 2025-04-23
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: constitutional-challenge effective-assistance-of-counsel fifth-amendment marital-relationship sexual-exploitation tenth-amendment
Key Terms:
DueProcess FifthAmendment FirstAmendment HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2025-05-29
Question Presented (AI Summary)

Whether the federal prosecution for sexual exploitation of a minor is unconstitutional as applied to a legally married couple under state law

Question Presented (OCR Extract)

1. Whether the federal prosecution of Petitioner for sexual exploitation of a minor under 18 U.S.C. §§ 2251(a), 2423(a), and 2252A(a)(2) is unconstitutional as applied, where Petitioner and his legally recognized spouse under Kentucky law were married at the time in question, the spouse was of sufficient age to consent under Kentucky law, and the federal statutes fail to provide an exception for marital relationships, in violation of the Fifth and Tenth Amendments. 2. Whether Petitioner was denied effective assistance of counsel under the Sixth Amendment given the constitutional infirmities discussed throughout.

Docket Entries

2025-06-02
Petition DENIED.
2025-05-13
DISTRIBUTED for Conference of 5/29/2025.
2025-05-07
Waiver of United States of right to respond submitted.
2025-05-07
Waiver of right of respondent United States to respond filed.
2025-04-21
Petition for a writ of certiorari filed. (Response due May 23, 2025)
2025-02-20
Application (24A807) granted by Justice Kavanaugh extending the time to file until April 21, 2025.
2025-02-18
Application (24A807) to extend the time to file a petition for a writ of certiorari from February 20, 2025 to April 21, 2025, submitted to Justice Kavanaugh.

Attorneys

Dr. Ashu Joshi
Ronald William Chapman IIChapman Law Group, Petitioner
United States
D. John SauerSolicitor General, Respondent