Ryan Moore v. Don Helling

Petitioner-Appellee Ryan Oshun Moore was convicted in Nevada state court of first degree murder, defined in relevant part as a “willful, deliberate and premeditated killing.” Nev.Rev.Stat. § 200.030(l)(a) (2013), and other crimes. The trial court gave the first degree murder instruction commonly used in Nevada at the time, known as the “Kazalyn in struction,” which did not separately define the terms “willful,” “deliberate,” and “premeditated.” In 2000, after Moore was convicted, but before his conviction became final, the Nevada Supreme Court invalidated the Kazalyn instruction and replaced it with an instruction separately defining the terms “willful,” “deliberate,” and “premeditated.” See Byford v. State, 116 Nev. 215 , 994 P.2d 700, 713-15 (2000). The Nevada Supreme Court subsequently determined that By ford represented a change in Nevada law and was applicable to cases pending on direct appeal when Byford was decided. See Nika v. State, 124 Nev. 1272 , 198 P.3d 839, 859 (2008) (citing Byford, 994 P.2d at 713-15 ).

Moore argued on direct appeal that his conviction was invalid due to the trial court’s use of the Kazalyn instruction, but his appeal was denied. Moore v.…