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James P. Cornelio v. Connecticut, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-1799 · judgment January 12, 2018


Certiorari denied · October 1, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In what is an apparent issue of first impression is, as the district court ruled, ambiguous or unclear statutory language a condition for a challenge brought under the second test in Hill v. Colorado, 530 U.S. 703 (2000) for determining whether a statute is void for vagueness? Does Conn. Gen. Stat. § 54-257(c) violate the requirement in Smith v. Doe, 538 U.S. 84 (2003) that sex offender registration schemes be nonpunitive in nature in order to avoid an ex post facto challenge? Should a statute imposing criminal penalties on a strict liability basis shield law enforcement from a Fourth Amendment claim even when (i) that statute is determined to be impermissibly vague, (ii) such vagueness enables the Fourth Amendment violation, and (iii) there is a "compelling inference" that law enforcement acted with malice?

Counsel of record

For petitioner
James P. Cornelio

For respondent
Robert S. Dearington

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jul 03 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jun 19 2018
    Waiver of right of respondents Connecticut, et al. to respond filed.
  4. May 15 2018
    Petition for a writ of certiorari filed. (Response due June 18, 2018)