No. 22-202

Leonardo Nuncio v. Texas

Lower Court: Texas
Docketed: 2022-09-06
Status: Denied
Type: Paid
Tags: constitutional-vagueness criminal-procedure due-process first-amendment free-speech harassment-statute obscenity obscenity-test overbreadth texas-penal-code vagueness
Latest Conference: 2022-11-04
Question Presented (from Petition)

1. Is Texas's obscene harassment statute (Tex. Penal Code 42.07(a)(1) and (b)(3)) unconstitutionally vague and overbroad?

2. Does the Miller v. California obscenity test chill critical speech and emotional speech?

Question Presented (AI Summary)

Is Texas's obscene harassment statute unconstitutionally vague and overbroad?

Docket Entries

2022-11-07
Petition DENIED.
2022-10-19
DISTRIBUTED for Conference of 11/4/2022.
2022-09-01
Petition for a writ of certiorari filed. (Response due October 6, 2022)

Attorneys

Leonardo Nuncio
Oscar Osmar PenaOsmar O. Pena Law, PLLC, Petitioner