United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
CATHERINE D. PERRY, UNITED STATES DISTRICT JUDGE
matter is before the Court on review of the petition for writ
of habeas corpus pursuant to 28 U.S.C. § 2254 filed
jointly by petitioners Ricardo Morales and Melvin Leroy
Tyler. For the reasons discussed below, the petition must be
denied and dismissed as successive. See 28 U.S.C.
have filed a joint petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. Each petitioner is
challenging his own conviction.
April 18, 2012, petitioner Morales was convicted following a
jury trial of four counts of first-degree statutory sodomy,
three counts of first-degree statutory rape, three counts of
second-degree statutory sodomy, and two counts of
second-degree statutory rape. State of Missouri v.
Morales, No. 1022-CR03880 (22nd Cir., City of
St. Louis). He was sentenced to a total of forty five
years' imprisonment. The convictions were affirmed on
direct appeal. State v. Morales, 412 S.W.3d 399 (Mo.
App. 2013). Petitioner Morales filed a state motion for
postconviction relief pursuant to Mo. Sup. Ct. R. 29.15,
which was denied by the circuit court on March 28, 2016.
Morales v. State of Missouri, No. 1422-CC00191
(22nd Cir., City of St. Louis). The judgment of
the circuit court was affirmed on June 6, 2017. Morales
v. State, 528 S.W.3d 41 (Mo. App. 2017).
16, 2014, petitioner Morales filed a federal petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2254 in
the United States District Court for the Eastern District of
Missouri. Morales v. Cassady, No. 4:14-cv-00943-NAB
(E.D. Mo.). The petition was denied on September 27, 2017.
Petitioner Morales filed an appeal to the United States Court
of Appeals for the Eighth Circuit on October 16, 2017. The
Eighth Circuit denied his application for a certificate of
appealability and dismissed his appeal on July 3, 2018.
Morales v. Cassady, No. 18-1621 (8thCir.
Morales filed the instant petition on June 16, 2019, by
placing it in his prison's mailing system.
August 4, 1978, petitioner Tyler was convicted of two counts
of first-degree robbery by means of a deadly weapon, two
counts of assault with intent to commit rape without malice
aforethought, and armed criminal action. State v.
Tyler, 622 S.W.2d 379, 382 (Mo.Ct.App. 1981). He was
sentenced to fifty years on each robbery count, five years on
each assault count, and fifty years for the armed criminal
action count. Id. All terms were ordered to be
served consecutively. Id.
Missouri Court of Appeals reversed petitioner Tyler's
armed criminal action conviction on the basis of double
jeopardy. Id. at 387. The judgment was affirmed in
all other respects. Id. Petitioner Tyler has since
attempted to seek postconviction relief through the state
courts, but those attempts have not been successful. See
Tyler v. State, 18 S.W.2d 117 (Mo.Ct.App. 2000);
State v. Tyler, 103 S.W.3d 245 (Mo.Ct.App. 2003);
Tyler v. State, 111 S.W.3d 495 (Mo.Ct.App. 2003);
Tyler v. State, 229 S.W.3d 103 (Mo.Ct.App. 2007);
and Tyler v. State, 292 S.W.3d 338 (Mo.Ct.App.
19, 1988, petitioner Tyler filed a federal petition for writ
of habeas corpus pursuant to 28 U.S.C. § 2254 in the
United States District Court for the Eastern District of
Missouri. Tyler v. Armontrout, 917 F.2d 1138, 1139
(8th Cir. 1990). The district court denied his
petition on July 12, 1989. Id. at 1140. Petitioner
Tyler filed an appeal to the United States Court of Appeals
for the Eighth Circuit, which affirmed the denial of his
habeas petition in all respects. Id. at 1143. He has
made various other attempts to seek habeas relief in federal
court, to no avail. See Tyler v. Purkett, 26 F.3d
127, 1994 WL 281821, at *1 (8th Cir. 1994)
(unpublished opinion) (noting that instant petition was
“not the first habeas petition filed by [petitioner
Tyler] for the purpose of challenging these
convictions…It is either the fifth or sixth such
January 24, 2008, petitioner Tyler filed a joint § 2254
petition for writ of habeas corpus along with three other
petitioners. Tyler, et al. v. Crawford, No.
4:08-cv-116-MLM (E.D. Mo.). The district court noted that
petitioner Tyler had filed several petitions for writ of
habeas corpus that had previously been denied. As a result,
the district court determined that petitioner Tyler could not
bring a § 2254 petition without first seeking leave from
the United States Court of Appeals for the Eighth Circuit.
The district court denied petitioner Tyler's petition for
writ of habeas corpus on March 4, 2008. The Eighth Circuit
denied his application for a certificate of appealability and
dismissed his appeal on July 16, 2008. Tyler, et al. v.
Crawford, No. 08-2323 (8th Cir. 2008).
Tyler filed the instant petition on June 16, 2019, by placing