Thomas Joseph Eppelsheimer v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus Privacy
Is Texas Penal Code §§ 21.11(a)(1), Indecency with a Child, and 22.011(a)(2), Sexual Assault of a Child, two statutory rape offenses that criminalize sexual contact and sexual intercourse based solely on the age of the participants, unconstitutional under the United States Constitution's Fifth Amendment right to Due Process of Law considering the statutes omit a consciousness of wrongdoing?
Was Eppelsheimer's trial attorney ineffective under this Court's holding in Strickland v. Washington, 466 U.S. 668 (1984) for advising Eppelsheimer to plead guilty to three counts of Sexual Assault of a Child and one count of Indecency with a Child even though he did not know the children were under the age of consent?
Is Texas Penal Code §§ 21.11(a)(1) and 22.011(a)(2) unconstitutional under the Fifth Amendment right to Due Process?