Joseph H. Moore v. Stephen T. Smith, Steven Beshear

CORNELIA G. KENNEDY, Circuit Judge.

Petitioner appeals the summary dismissal of his petition for a writ of habeas corpus under Rule 9(a) of the Rules Governing 28 U.S.C. § 2254 Cases. The District Court held that the Commonwealth of Kentucky had been prejudiced by petitioner’s 11-year delay in filing the writ. We affirm.

Petitioner, Joseph H. “Pete” Moore, is presently an inmate of the Kentucky State Reformatory, LaGrange, serving a life sentence for willful murder under a judgment dated February 1970. A notice of appeal from that judgment was filed on behalf of petitioner by privately retained…