United States Eighth Circuit

Grant of habeas relief from defendant's conviction of sodomy of a sleeping teenager is reversed where, contrary to the district court's ruling, defendant's due process claim failed as the Missouri Supreme Court's construction of the meaning of "forcible compulsion", as encompassing the unconsented penetration of a sleeping woman, was not "unexpected and indefensible."

Appellate Information

• Decided 10/17/2007
• Published 10/17/2007

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.