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 his ex-girlfriend to elicit the tacit admission. The Appellate Court again disagreed,⁴ as he was not under any 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 a single eyewitness, which the Court noted to be untrue.

The court once again disagreed,⁵, pointing out that Kelly Moffett'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 Anastasia's killer was standing from her 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.

Byron 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 his arguemnts and rejected his motion.

Case then 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.

He filed a Federal habeas corpus appeal, which was rejected on February 26, 2010, with a rehearing denied on April 6, 2010. Acting as his own attorney, he filed a petition before the Supreme Court of the United States on July 1, 2010 for a writ of certiorari. His petition was denied without comment by SCOTUS on October 4, 2010; a petition for rehearing was filed nine days later, and was likewise denied on Novemer 15, 2010.⁹

According to the Office of the Missouri Attorney-General, Byron Case has now exhausted all of his appeals. He will remain in prison for the rest of his life.