Harold Locke v. Jimmy H. Rose, Warden

Plaintiff-appellant (“appellant”) was convicted in state court of committing a “crime against nature,” Tenn.Code Ann. § 39 — 707 (1955), 1 by forcibly performing cunnilingus on a neighbor. The Tennessee court of criminal appeals (2:1) affirmed the conviction, rejecting appellant’s claim that section 39-707 was unconstitutionally vague, Locke v. State, Tenn.Cr.App., 501 S.W.2d 826, 828 (1973), and the Tennessee Supreme Court denied certiorari (November 28, 1973).

Thereafter, appellant filed, pro se, the instant petition for writ of habeas corpus in the district court. That court, by order,…