Nash

United States v. Nash

Good Law
150 F. App'x 683
United States Court of Appeals for the Ninth CircuitOctober 13, 2005Nos. 04-10281, 04-10293California509 words

Opinion

Lead Opinion

MEMORANDUM *

Wendell Nash appeals his conviction for first degree murder and Terry Acton appeals his conviction for second degree murder. We affirm both convictions.

The evidence was sufficient to convict Nash over his 'intoxication defense because “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) (emphasis in original).

Nash admitted to stabbing Irving twice and was identified as one of the three men who stabbed Irving. The government presented substantial evidence that would allow a jury to conclude that Nash contemplated the murder before the night of the attack, including testimony that the night before Irving’s murder, Nash told a friend he hated Irving and wished she would leave. He later admitted he knew earlier in the day that she had to be “beat down” for knowing who murdered his friend Raymond Hayes, and that he had asked someone to do it for him. The attack took place in a secluded area and continued over a prolonged period of time.

Nash did not receive…

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