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MOORE v. WYRICK

No. 84-1926.

766 F.2d 1253 (1985)

Brian Keith MOORE, Appellant, v. Donald W. WYRICK, Warden, and John Ashcroft, Attorney General of the State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1985.

As Amended on Denial of Rehearing September 6, 1985.

Attorney(s) appearing for the Case

Douglas Rush, St. Louis, Mo., for appellant.

John M. Morris, Jefferson City, Mo., for appellees.

Before LAY, Chief Judge, and John R. GIBSON and FAGG, Circuit Judges.

As Amended on Denial of Rehearing En Banc September 6, 1985.

FAGG, Circuit Judge.

Brian Moore appeals the dismissal of his 28 U.S.C. § 2254 petition for writ of habeas corpus. Moore contends that he was deprived of rights guaranteed by the due process clause of the fourteenth amendment when the Missouri Supreme Court retroactively applied a new and expansive construction of the Missouri felony murder statute to affirm his conviction. We agree and reverse...

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