Glenn Dean v. Dwight Neven

MEMORANDUM

Glenn Dean appeals from the district court’s order denying his habeas petition after he was convicted of first degree kidnapping with a deadly weapon, conspiracy to commit kidnapping, and robbery with a deadly weapon. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

1. The Nevada Supreme Court’s decision to deny Dean’s insufficient-evidence claim was a reasonable application of the law. Dean’s claim rests on assertions that the victim’s testimony was unreliable. But it was for the jury, not the federal court on habeas review, to assess the victim’s credibility. Because the victim’s testimony was sufficient to establish each element of the charged crimes, and a rational trier of fact could have credited that testimony, we uphold the jury’s verdict. Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

2. The Nevada Supreme Court reasonably denied Dean’s ineffective assis tance of counsel claim alleging that his counsel failed to object to the first degree kidnapping jury instructions. Substantial evidence supported Dean’s conviction on the theory that he kidnapped the victim with the purpose of killing him. Therefore, he cannot…