Brian Keith Moore v. Donald W. Wyrick, Warden, and John Ashcroft, Attorney General of the State of Missouri
Court of Appeals for the Eighth Circuit
1Opinion of the Court
FAGG, Circuit Judge.
Brian Moore appeals the dismissal of his 28 U.S.C. § 2254 petition for writ of habeas corpus. Moore contends that he was deprived of rights guaranteed by the due process clause of the fourteenth amendment when the Missouri Supreme Court retroactively applied a new and expansive construction of the Missouri felony murder statute to affirm his conviction. We agree and reverse the dismissal of Moore’s petition.
Moore stands convicted of first degree felony murder. The events giving rise to this conviction occurred on July 28, 1975, when Moore and several cohorts attempted to…
2Cases cited16 opinions
- Hamling v. United StatesSupreme Court of the United States · 1974
- Weaver v. GrahamSupreme Court of the United States · 1981
- Marks v. United StatesSupreme Court of the United States · 1977
- Sumner v. MataSupreme Court of the United States · 1981
- Calder v. BullSupreme Court of the United States · 1798
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