Richard Cox v. Leland McEwen

MEMORANDUM

California state prisoner Richard Daniel Cox (Cox) appeals the district court’s denial of his petition for a writ of habeas corpus filed pursuant to the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

1. The California Court of Appeal’s determination that there was sufficient evidence to support Cox’s convictions for fatal assault on a child under the age of eight (child homicide), in violation of California Penal Code § 273ab, and first degree torture murder, in violation of California Penal Code § 187(a), was not contrary to, or an unreasonable application of, Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979), and was not based on an unreasonable determination of the facts. See 28 U.S.C. § 2254 (d). Based upon the surrounding circumstances, the state court reasonably determined that a rational juror could find beyond a reasonable doubt the “care or custody” element of the crime of child homicide. See CaLPenal Code § 273ab (requiring that the person being charged have “care or custody” of the child victim). These circumstances include Cox admitting…