Tuesday, October 17, 2006

Due Process violated

Niederstadt v. Nixon, No. 05-4329 (8th Cir. October 17, 2006)
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. http://caselaw.lp.findlaw.com/data2/circs/8th/054329p.pdf

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