Full title: BRIAN FREDERICK LUCAS, Petitioner, v. DEWAYNE ESTES, and the ATTORNEY GENERAL OF THE STATE OF ALABAMA, Respondents.
Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION
Date published: Sep 19, 2019
Facts
On September 26, 2014, a Madison County grand jury indicted Lucas for four sex offenses. (Doc. 8-1 at 82–85). Count 1 charged attempted sodomy in the first degree, alleging that Lucas attempted to engage in deviant sexual intercourse by forcible compulsion, see Ala. Code §§ 13A-6-63(a)(1) and 13A-4-2. (Id. at 83). Count 2 charged sexual abuse in the first degree, alleging that Lucas had subjected the victim to sexual contact while physically helpless or mentally incapacitated, in violation of Ala. Code § 13A-6-66(a)(2). (Id.) Both of those counts identified the victim as H.B. (id.), whose older sister was formerly married to Lucas. When the incident underlying the charges occurred on the morning of December 31, 2013, H.B. was 15 years old. See Lucas v. State, 204 So. 3d 929, 932, 937 (Ala. Crim. App. 2106). Counts 3 and 4 of the indictment both also charged Lucas with sexual abuse in the first degree in violation of § 13A-6-66(a)(2), but against a different victim, M.C., also a minor female. (Id.)
Issue
Decision
Based on the foregoing, the court finds that the petition for a writ of habeas corpus is due to be denied, and this action is dismissed with prejudice. An appropriate order will be entered.
DONE AND ORDERED ON SEPTEMBER 19, 2019.
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