Earl Weeks v. Donald Wyrick, Warden, Missouri State Penitentiary,appellee

Earl Weeks appeals with the aid of counsel from an April 1, 1980, order of the district court 1 denying his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Appellant seeks bail pending direct appeal of his conviction for first degree murder. For the reasons discussed below, we dismiss the appeal as moot.

Appellant was convicted on April 6,1975, of first degree murder in violation of Mo. Rev.Stat. § 559.010 (1969) 2 in the Circuit Court of Greene County, Missouri. This conviction was affirmed on appeal. State v. Weeks, 546 S.W.2d 567 (Mo.Ct.App.1977). Subsequently, however,…