Deshon Britt v. Dave Davey

Good Law
616 F. App'x 336
United States Court of Appeals for the Ninth CircuitSeptember 22, 201513-56040California735 words

Opinion

Opinion

MEMORANDUM

Deshon Britt (Britt) appeals the district court’s denial of habeas relief under 28 U.S.C. § 2254 (d)(1).

“Under Jackson [v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) ], evidence is sufficient to support a conviction so long as after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Boyer v. Chappell, 793 F.3d 1092, 1101 (9th Cir. 2015) (citation and internal quotation marks omitted) (emphasis in the original). Because Britt filed his habeas petition after the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), we may grant relief only if the California Court of Appeal — which issued the last reasoned state-court decision in this case — applied Jackson in an “objectively unreasonable” fashion. Long v. Johnson, 736 F.3d 891, 896 (9th Cir.2013), cert. denied, — U.S.-, 134 S.Ct. 2843 , 189 L.Ed.2d 807 (2014) (citation omitted). When reviewing cases under Jackson and AEDPA, “there is a double dose of deference that can rarely be surmounted.” Boyer v. Belleque, 659 F.3d 957, 964 (9th…

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