Davis

Davis v. Ayers

Good Law
46 F. App'x 494
United States Court of Appeals for the Ninth CircuitSeptember 17, 2002No. 01-55738; D.C. No. CV-99-12001-LGBCalifornia348 words

Opinion

Lead Opinion

MEMORANDUM **

Clyde Keith Davis, a California state prisoner, appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for first degree felony murder and second degree robbery and sentence for life without parole. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review the denial of a habeas petition de novo, see Wildman v. Johnson, 261 F.3d 832, 836 (9th Cir.2001), and we affirm.

Davis contends that there was insufficient evidence to support a conviction for felony murder and the jury’s special circumstance finding. Viewing the evidence in the light most favorable to the prosecution, we conclude that a rational trier of fact could have found the essential elements of felony-murder and the related special circumstance beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). See also Turner v. Marshall, 63 F.3d 807 , 816 n. 5 (9th Cir.1995), overruled on other grounds by Tolbert v. Page, 182 F.3d 677 (9th Cir.1999) (en banc) (stating that, in California, first degree felony murder requires a showing that killing was committed in during a robbery and a special…

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