Dereck Pelletier v. Wendy Kelley

Summary

Justice Hart dissents from the majority's rejection of Pelletier's double-jeopardy claim, although agreeing that such a claim may be raised in a state habeas proceeding. The dissent reasons that Pelletier committed one act by sending a single email with one attached file containing thirty images, so the State could lawfully impose at most one conviction under the transfer provision. Justice Hart would reverse the additional convictions and sentences.