Tate

Tate v. People

Good Law
52 F. App'x 49
United States Court of Appeals for the Ninth CircuitDecember 4, 2002No. 01-17497; D.C. No. CV-98-00199-LKKCalifornia331 words

Opinion

Lead Opinion

MEMORANDUM **

Jeffrey Alan Tate, a California state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 petition, challenging his convictions of attempted murder and related charges. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), and we affirm.

Tate contends that the state failed to present sufficient evidence to support his willful, deliberate, and premeditated attempted murder conviction. We disagree. In habeas cases, we presume that the state court’s findings of fact are correct. See 28 U.S.C. § 2254 (e)(1). Upon a review of these findings, we conclude that a rational *50 trier of fact could have found the essential elements beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); Drayden v. White, 232 F.3d 704, 709 (9th Cir.2000) (finding sufficient evidence to support first degree murder when manner-of-killing evidence by itself strongly supported premeditation and deliberation), cert. denied, 532 U.S. 984 , 121 S.Ct. 1630 , 149 L.Ed.2d 491 (2001).

Tate also contends that the denial of his motions for change of venue resulted in an…

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.