Moore v. State

The Supreme Court affirmed the district court’s denial of Appellant’s postconviction petition for a writ of habeas corpus as procedurally barred without conducting an evidentiary hearing.Appellant was convicted of first-degree murder and sentenced to death. More than one year after remittitur issued from his direct appeal, Appellant filed the postconviction petition at issue in this case. The petition was both untimely filed and successive and, thus, procedurally barred absent a demonstration of good cause and prejudice. Further, Appellant was required to overcome the presumption of prejudice to the State. To overcome the procedural bars, Appellant argued that the State committed a Brady violation, that his attorneys were ineffective during the litigation of his prior postconviction petition, and that he was actually innocent of the death penalty. The Supreme Court affirmed the district court’s denial of the petition without an evidentiary hearing, holding that Appellant failed to demonstrate that the district court erred. View "Moore v. State" on Justia Law