Wayne Earl Billingsley v. Judge Harold A. Kyser John O'BannOn

Plaintiff, who was convicted for rape, appeals the dismissal of his complaint against a Missouri circuit court judge and a prosecuting attorney, in which he alleged that the defendants violated 42 U.S.C. § 1983 by amending his sentence, even though they knew that because the appeal of his conviction was pending, the court had no jurisdiction to amend his sentence. He asserts that in reliance on the invalid amendment, he dismissed his appeal, with the result that he lost the right to appeal and was incarcerated according to the original sentence. 1 The district court 2 dismissed the complaint…