SERVER v. MIZELL

No. 89-1258.

902 F.2d 611 (1990)

Richard E. SERVER, Plaintiff-Appellant, v. Larry MIZELL, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 21, 1990.


Attorney(s) appearing for the Case

Richard E. Server, Vienna, Ill., for petitioner-appellant.

Douglas K. Smith, Asst. Atty. Gen., Crim. Appeals Div., Springfield, Ill., for respondent-appellee.

Before WOOD, Jr., FLAUM, and KANNE, Circuit Judges.


KANNE, Circuit Judge.

This appeal from a denial of a habeas corpus petition brought pursuant to 28 U.S.C. § 2254 presents a challenge to the facial validity of the Illinois aggravated criminal sexual assault statute, Ill.Rev.Stat., ch. 38, ¶ 12-14, and the aggravated criminal sexual abuse statute, Ill.Rev.Stat., ch. 38, ¶ 12-16, which were enacted in 1985. We hold that the statutes, as construed by the state courts, are not unconstitutionally vague...

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