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SCHOCHET v. STATE

No. 864, September Term, 1987.

75 Md. App. 314 (1988)

541 A.2d 183

STEVEN ADAM SCHOCHET v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

May 19, 1988.

Attorney(s) appearing for the Case

Joseph Peter Suntum (Boyland & Thompson, Bethesda, and Alan H. Murrell, Public Defender of Baltimore, on the brief), for appellant.

Stephen J. Shapiro, Kathleen M. Boucher and Whiteford, Taylor & Preston, Baltimore, for amicus curiae American Civil Liberties Union of Maryland, Inc.

Gary E. Bair, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, Andrew L. Sonner, State's Atty. for Montgomery County, and Robert L. Dean, Asst. State's Atty. for Montgomery County, on the brief), Rockville, for appellee.

Argued before MOYLAN, WILNER and GARRITY, JJ.

MOYLAN, Judge.

The appellant, Steven Adam Schochet, was convicted by a Montgomery County jury, presided over by Judge Irma S. Raker, of an Unnatural and Perverted Sexual Practice (fellatio) prohibited by Md. Ann. Code, Art. 27, § 554. Upon this appeal, he raises three contentions:

1. That § 554 is unconstitutional as applied to private and noncommercial sexual acts between consenting heterosexual adults; 2. That Judge Raker impermissibly...

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