Gaston

MEMORANDUM **

Maurice Gaston (“Gaston”) was convicted of murder and now appeals the denial of his habeas corpus petition which alleged insufficiency of the evidence and Griffin error. Because a reasonable jury could conclude that Gaston possessed the requisite intent to kill, and the prosecutor’s comments during closing argument did not violate Gaston’s Fifth Amendment privilege against self-incrimination, we affirm the district court’s decision.

The facts and procedural history are familiar to the parties and need no recitation.

DISCUSSION

1. Sufficient Evidence Was Presented for a Reasonable Jury To Find Intent To Kill.

On review of a habeas claim based on insufficient evidence, “[t]he relevant question is whether, 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.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). When the record supports conflicting inferences, we must *259 presume the jury resolved the conflicts in favor of the prosecution. Id. at 326 , 99 S.Ct. 2781 .

Although there was testimony that Michael…