Skip to main content

Are you a legal professional? Visit our professional site

Search for legal issues
For help near (city, ZIP code or county)
Please enter a legal issue and/or a location

Moormann v. Ryan, No. 08-99035

Article Placeholder Image
By FindLaw Staff on December 09, 2010 10:16 PM

Capital Habeas Matter

In Moormann v. Ryan, No. 08-99035, a capital habeas matter, the court affirmed the denial of petitioner's habeas petition where 1) trial counsel's failure to investigate and pursue a Christensen defense did not prejudice petitioner; 2) there was nothing in trial counsel's declaration to contradict the Arizona Supreme Court's finding that petitioner knowingly waived the lesser-included-offense instructions; and 3) even assuming there was a plausible argument that trial counsel should have done more, there was no reasonable probability that the Arizona Supreme Court would have reversed petitioner's capital sentence.

  • As the court wrote:  "Robert Henry Moormann was convicted in Arizona and sentenced to death in 1985 for the brutal murder of his adoptive mother. The murder occurred in a Florence, Arizona motel room while Moormann was on furlough from the Arizona State Prison. This case has a protracted history in both the Arizona state courts and in the federal courts. In 2005, we decided the first appeal from the district court's denial of habeas relief."

    Related Resources

    Find a Lawyer

    More Options