Eliseo German v. Robert Horel

MEMORANDUM

A jury convicted Elíseo German of assault with force likely to result in great bodily injury and found that he committed the assault for the benefit of a criminal street gang in violation of California Penal Code section 186.22(b)(1). See People v. Mesa, 54 Cal.4th 191 , 142 Cal.Rptr.3d 2, 7-8 , 277 P.3d 743 (2012). On appeal, the California Court of Appeal affirmed.

Through a habeas petition, German now challenges the gang enhancement as not supported by substantial evidence. See Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

“Jackson claims face a high bar in federal habeas proceedings because they are subject to two layers of judicial deference.” Coleman v. Johnson, 566 U.S. -, 132 S.Ct. 2060, 2062 , 182 L.Ed.2d 978 (2012) (per curiam); see also Parker v. Matthews, 567 U.S. -, 132 S.Ct. 2148 , - L.Ed.2d -, 2012 WL 2076341 , at *3-4 (2012) (per curiam) (applying this “twice-deferential standard” and holding that a state supreme court’s rejection of a Jackson claim was “controlling in this federal habeas proceeding”). On habeas review, we “may not overturn a state court decision rejecting a sufficiency of the evidence challenge simply…