Elijah Moore v. Al C. Parke, Warden, Indiana State Prison

KANNE, Circuit Judge.

Elijah Moore filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the juiy’s finding that he was an habitual offender under the laws of Indiana. Because we find that the state did not prove the necessary elements to support an habitual offender determination under Indiana law, we grant Moore habeas relief on the habitual offender count.

I. History

On September 2, 1983, a jury found Moore guilty of four counts of robbery and determined that he was an habitual offender. The judge sentenced Moore to four separate terms of twenty years in…