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STEWART v. KELLEY

No. 17-1517.

890 F.3d 1124 (2018)

Billy Wayne STEWART, Sr., Plaintiff-Appellant v. Wendy KELLEY, Director, Arkansas Department of Correction, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 29, 2018.

Attorney(s) appearing for the Case

J. Blake Byrd , LAW OFFICE OF BLAKE BYRD, Little Rock, AR, Billy Wayne Stewart, Sr. , ARKANSAS DEPARTMENT OF CORRECTIONS, Grady, AR, for Plaintiff-Appellant.

Vada Berger , Jacob Helderman Jones , Assistant Attorney General, ATTORNEY GENERAL'S OFFICE, Little Rock, AR, for Defendant-Appellee.

Before LOKEN, BEAM, and KELLY, Circuit Judges.

In September 2011, a Garland County, Arkansas jury found Billy Wayne Stewart, Sr. guilty of raping J.H., an adult woman with the mental capacity of a young child. See Ark. Code Ann. § 5-14-103(a)(2)(B) (2011 Supp.). Under Arkansas law, after finding a defendant guilty of a felony offense, the same...

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