Donald Barbe v. Thomas McBride

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

Following his conviction on two counts of second degree sexual assault in state court, petitioner Donald Barbe filed a federal habeas petition challenging his conviction on due process grounds. The district court refused to grant relief on that basis. Petitioner now appeals, contending that the state court’s decision to amend his indictment prior to trial to allege “sexual intrusion” instead of “sexual intercourse” deprived him of due process. Finding no constitutional violation, we…