Mark Kilmartin v. David Dormire, Superintendent Jeremiah (Jay) Nixon, Attorney General of the State of Missouri

WOLLMAN, Circuit Judge.

Mark Kilmartin appeals from the district court’s 2 denial of his 28 U.S.C. § 2254 petition. We affirm.

I

Kilmartin was convicted on a charge of first-degree sodomy following his sexual contact with an eleven-year-old boy and was sentenced to life imprisonment. The Missouri Court of Appeals affirmed the conviction. See State v. Kilmartin, 904 S.W.2d 370, 378 (Mo.Ct.App.1995).

On appeal from the denial of federal habe-as relief, Kilmartin contends that the trial court erred by failing to instruct the jury that age and marital status were necessary elements of statutory…