Ray

Ray v. Terhune

Good Law
12 F. App'x 483
United States Court of Appeals for the Ninth CircuitMay 3, 2001No. 99-17120; D.C. No. CV-97-02152-EJGCalifornia909 words

Opinion

Lead Opinion

MEMORANDUM *

Following a jury trial, Kent Ray, was found guilty of first degree murder. He now appeals the district court’s denial of his petition for habeas corpus. Appellant challenges the sufficiency of the evidence, the admission of a second level hearsay statement, the denial of a motion to suppress evidence, and the effectiveness of his counsel’s assistance during pretrial negotiations. We review the district court’s denial of a petition for habeas corpus de novo. See Weygandt v. Ducharme, 774 F.2d 1491, 1492 (9th Cir.1985).

Sufficiency of the Evidence

Medical testimony in the record reflects the victim had been struck in the head with a blunt object which would have caused profuse bleeding; Petitioner’s carpet was stained with blood consistent with the victim’s blood type; and Petitioner’s carpet had been cleaned with bleach and vacuumed. We agree with the district court that a rational trier of fact could have found that petitioner committed first degree murder upon his wife. See United States v. Wright, 215 F.3d 1020, 1025 (9th Cir.2000). Such a finding was not contrary to, nor did it involve, an unreasonable application of clearly established federal law. See Delgado…

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