No. 20-7460

Carlos Rodriguez Fernandez v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-03-16
Status: Denied
Type: IFP
IFP
Tags: child-pornography context-test due-process first-amendment four-corners-test jury-instruction lascivious-exhibition
Key Terms:
FirstAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2021-06-24
Question Presented (from Petition)

To comport with the First Amendment and Due Process in determining whether an image of a child acting innocently constitutes child pornography, must courts apply a "limited context" test, rather than expand their inquiry to unconstrained "context" or restrict their inquiry to the image itself?

Question Presented (AI Summary)

Whether courts must apply a 'limited context' test rather than an expansive 'context' test or a 'four corners' test in determining whether an image of a child acting innocently constitutes child pornography under the First Amendment and Due Process

Docket Entries

2021-06-28
Petition DENIED.
2021-06-09
DISTRIBUTED for Conference of 6/24/2021.
2021-06-09
Reply of petitioner Carlos Rodriguez Fernandez filed. (Distributed)
2021-05-21
Brief of respondent United States of America in opposition filed.
2021-05-12
Motion to extend the time to file a response is granted and the time is further extended to and including May 21, 2021.
2021-05-11
Motion to extend the time to file a response from May 17, 2021 to May 21, 2021, submitted to The Clerk.
2021-04-08
Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2021.
2021-04-07
Motion to extend the time to file a response from April 15, 2021 to May 17, 2021, submitted to The Clerk.
2021-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2021)

Attorneys

Carlos Rodriguez Fernandez
Donna Lee ElmLaw Practice of Donna Elm, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent