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BOOKWALTER v. VANDERGRIFF

No. 22-1722.

73 F.4th 622 (2023)

Dale D. BOOKWALTER, Petitioner-Appellant v. David VANDERGRIFF, Superintendent of the Eastern Reception, Diagnostic and Correctional Center, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 14, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Kevin L. Schriener , of Clayton, MO.

Counsel who presented argument on behalf of the appellee was Tyler Dodd , Law Student formerly with the Attorney General's Office. The following attorney also appeared on the appellee brief; Michael Joseph Spillane , AAG, of Jefferson City, MO.

Before GRUENDER, ARNOLD, and KELLY, Circuit Judges.

A jury in a Missouri state court found Dale Bookwalter guilty of statutory sodomy in the first degree, which a person commits if he "has deviate sexual intercourse with another person who is less than fourteen years old." See Mo. Rev. Stat. § 566.062(1) (2008). Bookwalter was sentenced to fifteen years in prison...

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