Ryan Moore v. Don Helling

OPINION

TASHIMA, Circuit Judge:

Petitioner-Appellee Ryan Oshun Moore was convicted in Nevada state court of first degree murder, defined in relevant part as a “willful, deliberate and premeditated killing.” Nev.Rev.Stat. § 200.030(l)(a) (2013), and other crimes. The trial court gave the first degree murder instruction commonly used in Nevada at the time, known as the “Kazalyn in struction,” 1 which did not separately define the terms “willful,” “deliberate,” and “premeditated.” In 2000, after Moore was convicted, but before his conviction became final, the Nevada Supreme Court invalidated the…