Legal Opinion

Neely v. McDaniel

Court of Appeals for the Eighth Circuit

Decided May 2, 2012No. 10-3227PublishedCited by 7 opinions

1Opinion of the Court

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 court 1 dismissed the action, and we affirm.

I

During the autumn of 2003, Neely made a series of telephone calls from his home in Albuquerque, New Mexico, to minors living in Lonoke, Arkansas. In some of the calls, Neely offered to perform oral sex on the minors, including one boy who was fourteen years old at the…

2Cases cited25 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  4. Mullaney v. WilburSupreme Court of the United States · 1975
  5. Kolender v. LawsonSupreme Court of the United States · 1983

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3Cited by7 opinions

  1. Iowa Right To Life Committee v. Megan TookerCourt of Appeals for the Eighth Circuit · 2013
  2. State v. LeggSupreme Court of South Carolina · 2016
  3. Clary v. City of Cape GirardeauDistrict Court, E.D. Missouri · 2016
  4. Fort Des Moines Church of Christ v. JacksonDistrict Court, S.D. Iowa · 2016
  5. Pence v. City of St. LouisDistrict Court, E.D. Missouri · 2013

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