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Supreme Court Rejects Cases on Sexting, Spies, and Beach Access

By William Vogeler, Esq. on October 11, 2017 | Last updated on March 21, 2019

Whether by analytics, pundits, or gut feelings, it's hard to know when the U.S. Supreme Court will agree to hear a case.

But it's certain that the vast majority of petitions will be denied in any given year. Chances are -- literally between 94 percent and 98 percent -- that the last court of appeal was the last court.

This year is no different, although every case is different. Here are some of the divisive cases that are being turned away:


From the "yuck" files, 44-year-old Krista Muccio appealed child porn charges against her for sending pictures of her genitals to a 15-year-old student.

She was charged under a Minnesota law that prohibits "grooming" of children for sex abuse via the internet. An appeals court said the law violated the First Amendment because it was too broad.

The Minnesota Supreme Court reversed, however, and the U.S. Supreme Court ejected the former school lunch server.


Good riddance to the appeal of Ali Hamza Ahmad Suliman al-Bahlu.

"An enemy of the United States who engages in a conspiracy to commit war crimes -- in Bahlul's case, by plotting with Osama bin Laden to murder thousands of American civilians -- may be tried by a U.S. military commission for conspiracy to commit war crimes," said U.S. Circuit Judge Brett Kavanaugh.

Al-Bahlul appealed his conspiracy conviction to the U.S. Supreme Court. Denied.

Beach Access

Emerald Isle, a tiny coastal town in North Carolina, was relieved that the High Court did not review its case.

A couple of residents had sued, alleging the town used their private property for vehicle access to the beach. An appeals court said the public had a right to use it.

"The Town is pleased with the US Supreme Court's decision, and is even more pleased that the public's historical use of the beach since time immemorial remains intact and that current and future generations will continue to enjoy this special place in Emerald Isle and every other NC beach community," the town said.

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