Kingeekuk

Kingeekuk v. Samberg

Good Law
45 F. App'x 697
United States Court of Appeals for the Ninth CircuitAugust 27, 2002No. 01-35806; D.C. No. CV-00-00193-a-JWSCalifornia374 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner French Kingeekuk appeals the denial of his petition for writ of habeas corpus. First, Petitioner alleges that insufficient evidence supports his state-court conviction for attempted first-degree sexual assault. Second, Petitioner contends that he received ineffective assistance of counsel.

The Court of Appeals of Alaska correctly concluded that sufficient evidence supported the inference that Petitioner had the specific intent to “sexually penetrate” his victim. Viewing the evidence in the light most favorable to the prosecution, a rational factfinder could conclude that Petitioner had the specific intent to sexually *698 assault the victim, as that crime is defined by Alaska law. See Turner v. Calderon, 281 F.3d 851, 881-82 (9th Cir.2002) (stating standard). Petitioner made sure that he and M.A.W. were alone and then asked if she wanted to “do something” with him. When she refused, he trapped her in his cabin and threatened to release attack dogs. When she tried to leave, he grabbed her, threw her to the floor, and kicked her in the chest and punched her in the face. During this struggle, Petitioner tore M.A.W.’s blouse, exposing her breasts. Ignoring…

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