Legal Opinion

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

Decided September 6, 1985No. 84-1926PublishedCited by 30 opinions

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

  1. Hamling v. United StatesSupreme Court of the United States · 1974
  2. Weaver v. GrahamSupreme Court of the United States · 1981
  3. Marks v. United StatesSupreme Court of the United States · 1977
  4. Sumner v. MataSupreme Court of the United States · 1981
  5. Calder v. BullSupreme Court of the United States · 1798

11 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. In Re BaertCalifornia Court of Appeal · 1988
  2. Larry Coffman v. Myrna TrickeyCourt of Appeals for the Eighth Circuit · 1989
  3. Charlie Lee Evans v. Robert Raines and Robert K. CorbinCourt of Appeals for the Ninth Circuit · 1986
  4. United States v. HillCourt of Appeals for the Fifth Circuit · 2023
  5. Donald R. Hagan v. Paul D. Caspari, Donald R. Hagan v. Paul D. CaspariCourt of Appeals for the Eighth Circuit · 1995

25 more not listed; retrieve them via the Exa API.

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