United States Eighth Circuit

Grant of a petition for a writ of habeas corpus from a reinstated conviction for sodomy is affirmed where, in applying its construction of the sodomy statute at issue to defendant, the Missouri Supreme Court violated his right to due process as neither the plain language of the statute nor state law at the time of defendant's conduct defined "forcible compulsion" as encompassing his acts.

Appellate Information

• Decided 10/17/2006
• Published 10/17/2006

Judges

• LOKEN, Chief Judge, with whom MURPHY, RILEY, MELLOY, SMITH and SHEPHERD, Circuit Judges, join., Before LOKEN, Chief Judge, WOLLMAN, ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges, en banc.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen D. Hawke, AAG, argued, Jefferson City, MO, for appellant.


• For Appellees:
  
• John M. Albright, argued, Poplar Bluff, MO, for appellee.