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NIEDERSTADT v. NIXON

No. 05-4329.

465 F.3d 843 (2006)

James R. NIEDERSTADT, Appellee, v. Jeremiah W. NIXON, Attorney General for the State of Missouri; Jim Purkett, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: October 17, 2006.

Attorney(s) appearing for the Case

Michael J. Spillane, argued, Asst. Atty. Gen., Jefferson City, MO, for appellants.

John M. Albright, argued, Poplar Bluff, MO, for appellee.

Before LOKEN, Chief Judge, ARNOLD, Circuit Judge, and DOTY, District Judge.

ARNOLD, Circuit Judge.

James Niederstadt was convicted of one count of sodomy, see Mo.Rev.Stat. § 566.060 (Supp.1991), and sentenced to twenty-five years' imprisonment. The Missouri Court of Appeals reversed, concluding that the evidence was insufficient to support his conviction. State v. Niederstadt, No. 23612, 2001 WL 995937 (Mo.Ct. App. July 23, 2001) (Niederstadt I). The state then successfully sought review in the Missouri Supreme Court...

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