Edwaun Victor Moore v. James Rowland, Director, California Department of Corrections

1. Petitioner argues that, contrary to People v. Landry, 212 Cal.App.3d 1428, 261 Cal.Rptr. 254 (1989), California’s sec ond-degree felony murder rule is a judicially-rather than statutorily-created offense, and therefore violates separation of powers under California law. Thus, because his conviction for second-degree murder may have been based on an unconstitutional felony-murder theory, it violated his Fourteenth Amendment right to due process under Hicks v. Oklahoma, 447 U.S. 343, 100 S.Ct. 2227, 65 L.Ed.2d 175 (1980).

Even if petitioner were correct that Landry misstates California law,…