United States District Court, N.D. Indiana, South Bend Division
ANTHONY D. MOORE, Petitioner,
WARDEN , Respondent.
OPINION AND ORDER
D. Moore, a pro se prisoner, filed a habeas corpus
petition under 28 U.S.C. § 2254 challenging his murder
conviction and 55 year sentence imposed by the Lake County
Superior Court on May 17, 2011, under cause number
45G-02-0910-MR-8. ECF 1.
deciding the petition, the court must presume the facts set
forth by the state courts are correct unless they are
rebutted with clear and convincing evidence. 28 U.S.C. §
2254(e)(1). Here, Moore does not dispute the Court of Appeals
of Indiana's summary of the evidence presented at trial:
On October 16, 2009, Dorelle-Moore returned to his Gary,
Indiana residence and discovered that it had been
burglarized. He contacted his girlfriend, Carla Dawson
(“Dawson”), who came home from work and called
the Gary Police Department.
Dorelle-Moore began to voice his suspicions that Isaiah
Claxton (“Claxton”), Bernard Hamilton
(“Hamilton”), and Chris Martin
(“Martin”) were the burglars. He went to the home
of Martin's cousin, making an offer that
“everything will go away” if Martin and his
companions would return the stolen items. Dorelle-Moore went
back home to wait for the police to arrive, and Claxton came
to the residence to buy marijuana.
Claxton waited on the living room sofa while Dorelle-Moore
paced back and forth, in and out of the residence, talking
with some men on the porch, and becoming more and more
agitated. At one point, Claxton attempted to leave but
Dorelle-Moore's friend asserted that this made Claxton
“look guilty.” Dorelle-Moore went into another
room, talked with a friend, and returned with a gun. He then
fired nine shots into Claxton, saying “over kill,
bitch.” Claxton's sister and friend were attempting
to reach Dorelle-Moore on his cell phone when they overheard
shots. Dorelle-Moore answered the cell phone and said,
“This bitch ass ___ want to steal from me. Now he
laying down.” Dorelle-Moore went outside, still holding
his weapon and left his vehicle. Claxton died in the doorway
of Dorelle-Moore's home.
Later that morning, Dorelle-Moore's stepfather contacted
police to arrange for Dorelle-Moore's surrender. He was
charged with murder, and his jury trial commenced on March
14, 2011. At the conclusion of trial, Dorelle-Moore was found
guilty as charged. He was sentenced to fifty-five years
Moore v. State, No. 45A04-1109-CR-482, slip op. at
*2-3 (Ind.Ct.App. May 25, 2012); ECF 4-6.
appealed and on May 25, 2012, the Court of Appeals of Indiana
affirmed his conviction and sentence. Id. Moore did
not petition for transfer to the Indiana Supreme Court. ECF 1
at 1; ECF 4-2. On February 11, 2013, More filed a petition
for post-conviction relief. ECF 4-1 at 11; PCR App. 10-38. On
November 20, 2014, the post-conviction court issued findings
of fact and conclusions of law denying his petition. PCR App.
86-92. Moore appealed, but on April 30, 2015, the Court of
Appeals affirmed the post conviction court. ECF 4-7; 4-8;
4-11. Moore petitioned the Indiana Supreme Court, but on July
23, 2015, the Court denied transfer. ECF 4-12; 4-13; 4-14.
6, 2016, Lockett signed and placed in the prison mailing
system his petition for writ of habeas corpus. ECF 1 at 6.
STANDARD FOR HABEAS REVIEW
habeas review . . . exists as a guard against extreme
malfunctions in the state criminal justice systems, not a
substitute for ordinary error correction through
appeal.” Woods v. Donald, 135 S.Ct. 1372, 1376
(2015) (quotation marks and citation omitted).
application for a writ of habeas corpus on behalf of a person
in custody pursuant to the judgment of a State court shall
not be granted with respect to any claim that was adjudicated
on the merits in State court proceedings unless the
adjudication of the claim-
(1) resulted in a decision that was contrary to, or involved
an unreasonable application of, clearly established Federal
law, as determined by the Supreme Court of the United States;
(2) resulted in a decision that was based on an unreasonable
determination of the facts in light of the evidence presented