The conservatives got the law right, Sotomayor got the morality right, and Kennedy – characteristically trying to have it both ways – created a muddle.
Dissenting Opinions And Strange Bedfellows
While none of the other justices joined her opinion, Sotomayor would have affirmed the Fifth Circuit’s en banc majority, granting the victim Amy full restitution. That majority included some conservative stalwarts (such as my former boss, Edith Jones) who aren’t…
A legislative fix for Paroline?
Unless Congress is satisfied with the vague standard of the majority, it could look good for all of Congress to get tougher than the Court was willing to be on child pornographers – particularly when the Court’s ruling means that…
Houston Lawyer Notches Third SCOTUS Win, This Time in Child-Porn Restitution Case Read more: http://www.texaslawyer.com/id=1202652494201/Houston-Lawyer-Notches-Third-SCOTUS-Win-This-Time-in-ChildPorn-Restitution-Case#ixzz3eBKx59d9
What’s most important about the high court’s decision in Paroline is that when courts assess mandatory restitution on defendants, “you have to look at the defendant’s conduct and see if the award is proportional to the defendant’s conduct or it…
Paroline v. United States
The Fifth Circuit erred in holding that defendant, who pled guilty to possessing child pornography, two of which depicted images of the victim here, was liable for said victim’s entire losses from the trade in her images, where: 1) restitution…
Victim Of Child Porn Gave A Devestating Response To Huge Supreme Court Defeat In Her Case
Doyle Randall Paroline had to pay the full amount of the damages owed to her under a theory known as joint and several liability. Under the Supreme Court’s decision, courts will have to determine how much money each defendant owes…