BILLINGSLEY v. KYSER

No. 82-1701.

691 F.2d 388 (1982)

Wayne Earl BILLINGSLEY, Appellant, v. Judge Harold A. KYSER; John O'Bannon, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 20, 1982.


Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Kelly Klopfenstein, Asst. Atty. Gen., Jefferson City, Mo., for appellees.

R. Gregory Gore, R. Gregory Gore, P. C., Kansas City, Mo., for appellant.

Before HEANEY and ROSS, Circuit Judges, and HENLEY, Senior Circuit Judge.


PER CURIAM.

Plaintiff, who was convicted for rape, appeals the dismissal of his complaint against a Missouri circuit court judge and a prosecuting attorney, in which he alleged that the defendants violated 42 U.S.C. § 1983 by amending his sentence, even though they knew that because the appeal of his conviction was pending, the court had no jurisdiction to amend his sentence. He asserts that in reliance on the invalid amendment, he dismissed his appeal, with...

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