054329P.pdf   10/17/2007  James Niederstadt  v.  Jeremiah Nixon
   U.S. Court of Appeals Case No:  05-4329
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Chief Judge Loken, Author, with Murphy, Riley,
   Melloy, Smith and Shepherd, Circuit Judges]
   Habeas Case - due process. Grant of habeas relief is reversed. 
   Procedural default issue urged by the State is denied. Due process
   argument fails because Missouri Supreme Court's interpretation of
   meaning of "forcible compulsion" within context of unconsented
   penetration of a sleeping woman was not "unexpected and indefensible." 
   Concurrence by Colloton and Gruender. Dissent by Arnold, Wollman,
   and Bye.
  
054329P.pdf   10/17/2006  James R. Niederstadt  v.  Jeremiah W. Nixon
   U.S. Court of Appeals Case No:  05-4329
   Eastern District of Missouri   
   [PUBLISHED] [Arnold, Author, with Chief Judge Loken, Circuit Judge
   and Doty, District Judge]
   Habeas Case - due process. Grant of habeas relief is affirmed. State
   court's summary denial is entitled to de novo review. Statutory
   language did not provide fair warning that defendant's conduct was
   "by the use of forcible compulsion," nor did case law provide notice
   that forcible compulsion could be accomplished to victim who was asleep.
   State supreme court's reconfiguration of the statute after the conduct
   deprived defendant of due process. Chief Judge Loken dissents.