Charles O. Cotner v. Jerome Henry, as Superintendent, Indiana State Reformatory, Respondent

KILEY, Circuit Judge.

This is an appeal from the district court’s judgment dismissing Cotner’s habeas corpus petition challenging the constitutionality of the Indiana Sodomy Statute under which he had been convicted. The court dismissed on the grounds that Cotner had not exhausted his state remedies and that his petition had no merit.

We reverse because we have concluded that Cotner has no adequate method for raising his constitutional argument under Indiana procedural rules and because we have also concluded that there is a substantial question as to the constitutionality of the Indiana Sodomy…