Richard Gruber v. James Tilton

MEMORANDUM

Richard Gruber appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction and two-year sentence for procuring or offering a false or forged instrument for recordation in a public office in violation of California Penal Code § 115(a). As the facts are known to the parties, we repeat them only as necessary to explain our decision.

A rational juror could have found that Gruber “knew” that the Uniform Commercial Code financing statements (“UCC-ls”) he filed were false or forged within the meaning of California Penal Code § 115(a). See Jackson v. Virginia, 443 U.S. 307, 324 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (holding that an “applicant is entitled to habeas corpus relief if it is found that upon the record evidence adduced at the trial no rational trier of fact could have found proof of guilt beyond a reasonable doubt”). Circumstantial evidence introduced before his state court jury tended to indicate that Gruber had knowledge that the judgment awards purportedly owed him were not from a legitimate court and that the amounts claimed were so disproportionate to the purported injury suffered that they could not be…