Hinkle v. State

I concur in the affirmance of Appellant’s conviction for attempted rape, but for the reasons stated below, I must respectfully dissent to the reversal of the Appellant’s conviction for oral sodomy.

This Court in Post v. State, 715 P.2d 1105 (Okl.Cr.1986) relied on federal constitutional law in holding that an individual’s constitutional right of privacy includes the private, consensual acts of sodomy between heterosexual adults. In Post, this Court anticipated that the activity addressed would fall within “the outer limits” of the rights of privacy, which had yet to be marked by the U.S.…