Brown

Brown v. Henry

Good Law
9 F. App'x 719
United States Court of Appeals for the Ninth CircuitMay 25, 2001No. 99-17003; D.C. No. CV-97-02634-MJJCalifornia423 words

Opinion

Lead Opinion

MEMORANDUM **

Paul Brown appeals pro se the district court’s denial of his 28 U.S.C. § 2254 peti *720 tion for habeas corpus challenging his conviction for first degree murder and assault with a deadly weapon. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Brown contends that the evidence at trial was insufficient to support his first degree murder conviction. We review the district court’s denial of a 28 U.S.C. § 2254 habeas petition de novo. Dows v. Wood, 211 F.3d 480, 484 (9th Cir.2000). We may not grant federal habeas relief unless a state court’s ruling “resulted in a decision that was contrary to or, an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1); Van Tran v. Lindsey, 212 F.3d 1143, 1153-54 (9th Cir.2000) (state court decision must be clearly erroneous to warrant habeas relief).

A rational trier of fact could have concluded premeditation and deliberation were demonstrated by evidence that friction existed between Brown and the victim’s friend, that Brown purchased ammunition the day before the shooting, and that Brown shot at the victim three times at…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.