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Gregory S. Simpson v. United States

Paid petition · United States Court of Appeals for the Armed Forces, No. 20-0268 · judgment March 10, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 3% cert probability

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

Questions presented

  1. Is it a constitutional due process violation for Petitioner’s guilty plea to distribution of indecent images to be accepted based on a theory that he “aided and abetted” a distribution of indecent images to himself, when the only individuals involved were the distributor and Petitioner as the recipient?

  2. Is it a constitutional due process violation for Petitioner to be convicted for another’s non-criminal act of sending indecent images to Petitioner, and when his receipt and possession of the images were also not criminal acts?

  3. What is the mens rea required for an aider and abettor to incur criminal liability when the penal law applicable to the aider and abettor requires a general intent, but the penal law applicable to the principal requires specific intent?

Counsel of record

For petitioner
Tami L. Mitchell
Law Office of Tami L. Mitchell

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 25 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 19 2021
    Waiver of right of respondent United States to respond filed.
  4. Aug 09 2021
    Petition for a writ of certiorari filed. (Response due September 10, 2021)