Supreme Court of the United States · Official docket →
David Leroy Earls v. United States
IFP petition · United States Court of Appeals for the Tenth Circuit, No. 22-7051 · judgment February 21, 2025
Certiorari denied · October 6, 2025
Question presented
- Whether the failure of the Tenth Circuit to apply the rule of lenity to 18 U.S.C. § 2242(2)(A) resulted in an interpretation of ambiguous language in the statute that denied Petitioner his right to due process under the 5th Amendment. The statute prohibits engaging in a sexual act with a person incapable of appraising the nature of the conduct, and the phrase “incapable of appraising the nature of the conduct” is ambiguous, as evidenced by different interpretations of similar language in sex abuse statutes from different states. The Tenth Circuit interpretated the ambiguous language broadly and expanded the scope of potential victims to include those who lack the ability to consider the implications of their conduct on others. In so doing, the Tenth Circuit added language not contained in 18 U.S.C. § 2242(2)(A).
Counsel of record
For petitioner
Stuart W. Southerland
Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Proceedings
- Oct 06 2025Petition DENIED.
- Aug 21 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 13 2025Waiver of right of respondent United States to respond filed.
- Aug 01 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2025)
- Jun 30 2025Application (24A1290) granted by Justice Gorsuch extending the time to file until August 5, 2025.
- Jun 20 2025Application (24A1290) to extend the time to file a petition for a writ of certiorari from July 6, 2025 to September 4, 2025, submitted to Justice Gorsuch.