Aldo Mario LOVISI and Margaret Lovisi, Appellants,
v.
A. E. SLAYTON, Jr., Superintendent, Leake Parrish, Superintendent, Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued November 11, 1975.
Decided May 12, 1976.
Attorney(s) appearing for the Case
Harvey Bines, Charlottesville, Va., and Richard E. Crouch, Arlington, Va. (Court-appointed), for appellants.
John F. Mark, Richard H. Cornfield, and Steven V. R. Whitman (third year law student) on brief for amicus curiae for The American Civil Liberties Union Foundation.
Robert E. Shepherd, Jr., Special Counsel, Richmond, Va. (Andrew P. Miller, Atty. Gen. of Virginia, and Jim L. Chin, Asst. Atty. Gen. of Virginia, Richmond, Va., on brief), for appellees.
Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL, FIELD and WIDENER, Circuit Judges, Sitting on Resubmission.
United States Court of Appeals, Fourth Circuit.
HAYNSWORTH, Chief Judge.
The petitioners in this habeas corpus proceeding, Aldo and Margaret Lovisi, husband and wife, were convicted in the state court of sodomy with each other in violation of Va.Code Ann. § 18.1-212.1 They challenged the constitutionality of the statute, as applied to them, through the state court system and then sought federal habeas corpus relief. After a hearing, the district judge concluded that the Lovisis...
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