No. 24-7203

Michael Inzitari v. Connecticut

Lower Court: Connecticut
Docketed: 2025-05-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-split child-pornography constitutional-review dost-factors lascivious-exhibition sexual-conduct
Key Terms:
FirstAmendment FifthAmendment JusticiabilityDoctri Jurisdiction
Latest Conference: 2025-06-05
Question Presented (AI Summary)

When the six Dost factors are read to a jury to determine 'lascivious exhibition of the genitals' under a child pornography statute, is a conviction constitutional when the images depict no sexual conduct?

Question Presented (OCR Extract)

The question presented, on which state appellate courts and federal circuit courts of appeal are split, is: When the six factors of United States v. Dost, 636 F. Supp. 828 (S.D. Cal. 1986), are read to a jury as the means of obtaining a conviction solely based on what constitutes “lascivious exhibition of the genitals” under Connecticut’s possession of child pornography statute, is a conviction constitutional when the images depict no sexual conduct?

Docket Entries

2025-06-06
Petition DENIED.
2025-05-21
DISTRIBUTED for Conference of 6/5/2025.
2025-05-14
Waiver of Connecticut of right to respond submitted.
2025-05-14
Waiver of right of respondent Connecticut to respond filed.
2025-05-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 13, 2025)
2025-04-17
Application (24A981) granted by Justice Sotomayor extending the time to file until May 12, 2025.
2025-04-10
Application (24A981) to extend the time to file a petition for a writ of certiorari from April 21, 2025 to May 12, 2025, submitted to Justice Sotomayor.

Attorneys

Connecticut
Timothy F. CostelloOffice of the Chief State's Atty.-Appellate Bureau, Respondent
Timothy F. CostelloOffice of the Chief State's Atty.-Appellate Bureau, Respondent
Michael Inzitari
Conrad Ost SeifertSeifert & Hogan, Petitioner
Conrad Ost SeifertSeifert & Hogan, Petitioner