Neely v. McDaniel, No. 10-3227 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty in Arkansas state court to sexual indecency with a child and later filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging the constitutionality of the statute under which he was convicted. Because defendant entered a voluntary and intelligent guilty plea, he could not challenge the constitutionality of Ark. Code Ann. 5-14-110 as applied in his case. The court also rejected defendant's claims that the statute was unconstitutionally vague, overbroad, and a violation of due process. Accordingly, the court affirmed the judgment.
Court Description: Prisoner case - habeas. Because Neely entered a voluntary and intelligent guilty plea to violation of Arkansas Code Ann. 5-14-110, he cannot challenge the constitutionality of the statue as applied to his case; void for vagueness, overbreadth and due process challenges to statute rejected.
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