James R. Niederstadt v. Jeremiah W. Nixon

ARNOLD, Circuit Judge.

James Niederstadt was convicted of one count of sodomy, see Mo.Rev.Stat. § 566.060 (Supp.1991), and sentenced to twenty-five years’ imprisonment. The Missouri Court of Appeals reversed, concluding that the evidence was insufficient to support his conviction. State v. Niederstadt, No. 23612, 2001 WL 995937 (Mo.Ct.App. July 23, 2001) (Niederstadt I). The state then successfully sought review in the Missouri Supreme Court, which reinstated Mr. Niederstadt’s conviction. State v. Niederstadt, 66 S.W.3d 12 (Mo.2002) (Niederstadt II). When Mr. Niederstadt *845filed a motion for…