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David C. L. Walton v. Ashley Nehls

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 23-1207 · judgment May 2, 2025


Certiorari denied · October 14, 2025
Pre-decision estimate: 2% cert probability

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

Question presented

All fifty states, the District of Columbia, and federal law make it a crime for a prison official to engage in sexual conduct with an incarcerated person, deeming consent legally irrelevant. The question presented is: Whether the Eighth Amendment, which is interpreted according to "evolving standards of decency," permits a contrary rule that treats an incarcerated person as capable of giving legally effective consent to sexual conduct with a prison official.

Counsel of record

For petitioner
Kristin Leigh McGough
Winston & Strawn LLP

For respondent
Vincent James Scipior
Coyne, Schultz, Becker and Bauer, S.C.

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 14, 2025 · Certiorari denied

Proceedings

  1. Oct 14 2025
    Petition DENIED.
  2. Sep 17 2025
    DISTRIBUTED for Conference of 10/10/2025.
  3. Sep 16 2025
    Reply of petitioner David C. L. Walton filed. (Distributed)
  4. Sep 02 2025
    Brief of respondent Ashley Nehls in opposition filed.
  5. Jul 31 2025
    Petition for a writ of certiorari filed. (Response due September 3, 2025)