Elijah Moore v. Ron Anderson, Superintendent, Indiana State Prison

KANNE, Circuit Judge.

In 1983, an Indiana state court jury convicted Elijah Moore of four counts of robbery and determined that he was a habitual offender. The state trial judge sentenced Moore to twenty years imprisonment on each robbery count, with the terms to run concurrently, and enhanced the sentence by thirty years in light of the jury determination that Moore was a habitual offender. Moore then embarked on a number of direct appeals. Ultimately, Moore sought habeas corpus relief under 28 U.S.C. § 2254 in regard to his habitual offender enhancement.

In his § 2254 petition, Moore claimed…