Byron Case filed a motion for a new trial on May 22, 2002 and on the day of his sentencing, a verbal appeal,¹ accusing his judge of having slept through much of the proceedings, but that appeal was rejected out of hand, as he could provide no corroboration of his accusation.²

Case filed his first appeal on May 7, 2003, claiming that his rights under the Fifth and Fourteenth Amendments had been violated. He argued that allowing a tacit admission was allowing hearsay evidence; on April 13, 2004, the Appellate Court disagreed.³ He further argued that his Fifth Amendment right against self-incrimination was violated when police used Kelly Moffett to elicit the tacit admission. The Appellate Court again disagreed,⁴ as Case was not under a legal compulsion to incriminate himself. As noted in his brief, police might have had probable cause to arrest him before June 2001, but the court noted that there "is no constitutional right to be arrested" and that police "are under no constitutional duty to call a halt to a criminal investigation the moment they have the minimum evidence to establish probable cause." Case also argued that "all of the state's evidence rested on the contradictory and uncorroborated testimony of Kelly Moffett", which the Court noted to be untrue.

The court once again disagreed,⁵, pointing out that Kelly's testimony was not the sole basis upon which he was convicted, and that most of the inconsistencies he pointed out were:

1. from her original statements to police, when she was supporting his alibi (statements which she repudiated);
2. inconsistent on minor points (e.g., how far away Case was from Anastasia when he fired);
3. statements contradicted only by defense witnesses, which is an issue left to the jury to determine credibility.

On August 24, 2004, The Missouri Supreme Court declined to review the Appellate Court's decision.

Case filed a 29.15 motion on November 8, 2004, arguing ineffective counsel. It was rejected October 7, 2005 on a number of grounds.⁶ His arguments are documented in another FAQ section⁷ The court overruled all of Case's motions.

Case filed an appeal of this ruling in 2006, with the same arguments and counter-arguments. A response was filed in early 2007, and on February 26, 2008, the Missouri Court of Appeals Western District issued its decision affirming the lower court's ruling.⁸ His attorney quickly filed a motion for rehearing with the Missouri Supreme Court, which was rejected without comment on April 29, 2008.

With that Appellate Court decision and the Supreme Court's decision not to review, Case remains in prison with a Life sentence without chance of parole for the forseeable future. He is now working on a Federal habeas corpus appeal, though it may be many months or even a couple of years before that appeal is heard and decided.