NEELY v. McDANIEL

No. 10-3227.

677 F.3d 346 (2012)

Larry NEELY, Appellant, v. Dustin McDANIEL, Arkansas Attorney General, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 2, 2012.


Attorney(s) appearing for the Case

J. Thomas Sullivan , argued and on the brief, Little Rock, AR, for appellant.

Christian Harris , AAG, argued and on the brief, Little Rock, AR, for appellee.

Before BYE, SMITH, and COLLOTON, Circuit Judges.


COLLOTON, Circuit Judge.

Larry Neely pleaded guilty in Arkansas state court to sexual indecency with a child. He later filed a petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the constitutionality of the statute under which he was convicted. The district court1 dismissed the action, and we affirm.

I.

During the autumn of 2003, Neely made a series of telephone calls from his home in Albuquerque...

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