Moses Moore v. Donald Wyrick

Moses Moore appeals from the district court’s 1 denial of his petition for a writ of habeas corpus. For reversal, Moore asserts that the prosecutor violated his right to due process by improperly suggesting during closing arguments that the jury could draw an adverse inference from Moore’s failure to call corroborative de fense witnesses. We affirm the denial of the writ.

I. BACKGROUND

Moses Moore, Charles Johnson, and Darrell Smith were each charged with raping and sodomizing a woman on April 4, 1978. A jury convicted Smith and he received a twenty-year sentence. A jury also convicted Johnson,…