MacDonald v. Moose, No. 11-7427 (4th Cir. 2013)Annotate this Case
Petitioner was convicted of two offenses: the misdemeanor offense of contributing to the delinquency of a minor, in contravention of Virginia Code section 18.2-371; and the felony offense of violating the Commonwealth's criminal solicitation statute, found in section 18.2-29. The predicate felony for petitioner's criminal solicitation offense was Virginia Code section 18.2-361(A) ("the anti-sodomy provision"). The court subsequently granted a certificate of appealability on the issue of whether the anti-sodomy provision was unconstitutional either facially or as applied in petitioner's case, in light of the Supreme Court's decision in Lawrence v. Texas. The court held that the anti-sodomy provision did facially violate the Due Process Clause and therefore, reversed the judgment of the district court and remanded for an award of habeas corpus relief.