No. 18-5668

Thomas Blackledge v. United States

Lower Court: Fourth Circuit
Docketed: 2018-08-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: adam-walsh-act civil-commitment civil-rights due-process recidivism sexually-dangerous-persons volitional-control
Key Terms:
DueProcess
Latest Conference: 2018-10-12
Question Presented (from Petition)

I. Whether the Fourth Circuit erred in affirming the civil commitment of petitioner under the Adam Walsh Act where the evidence does not establish by clear and convincing evidence that petitioner has serious difficulty in controlling his behavior, as required by Kansas v. Crane.

II. Whether civil commitment under the Adam Walsh Act based primarily on an individual's private fantasies, without a finding of volitional control, violates due process.

III. Whether the Adam Walsh Act, as applied to commit individuals based on emotional disorders and fantasies without a volitional control finding, is constitutional under the Due Process Clause of the Fifth Amendment.

Question Presented (AI Summary)

Whether the Adam Walsh Act's civil commitment provisions violate due process by allowing commitment based solely on an individual's private fantasies without a finding of volitional control issues

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-19
Waiver of right of respondent United States to respond filed.
2018-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2018)

Attorneys

Thomas Blackledge
Lawrence BrennerBrenner & Brenner, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent