1. Home
  2. Browse Decisions
  3. F.3d
  4. 505 F.3d
  5. 505 F.3d 832 (2007)
 

NIEDERSTADT v. NIXON

No. 05-4329.

505 F.3d 832 (2007)

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

United States Court of Appeals, Eighth Circuit.

Filed: October 17, 2007.

Attorney(s) appearing for the Case

Stephen D. Hawke, AAG, argued, Jefferson City, MO, for Appellant.

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

Before LOKEN, Chief Judge, WOLLMAN, ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges, en banc.

LOKEN, Chief Judge, with whom MURPHY, RILEY, MELLOY, SMITH and SHEPHERD, Circuit Judges, join.

A Missouri trial court convicted James Niederstadt of sodomy of a sleeping teenager and sentenced him to twenty-five years in prison. The Missouri Court of Appeals reversed, concluding that, because the victim was sleeping, there was insufficient evidence he used "forcible compulsion," as the sodomy statute requires. Mo. Rev.Stat. § 566.060(1). The Missouri Supreme...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases