Forstein

Forstein v. Henry

Good Law
185 F. App'x 656
United States Court of Appeals for the Ninth CircuitJune 19, 2006No. 05-17139California421 words

Opinion

Lead Opinion

MEMORANDUM ***

Cheri Lee Forstein appeals the district court’s denial of her petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . We affirm.

Forstein argues that there is insufficient evidence to support her conviction of the first-degree murder of Howard Morris under a theory of aiding and abetting. We disagree. The California Court of Appeal’s decision upholding the conviction was not an unreasonable application of Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979), because a reasonable juror could have found that Forstein knew that Curtis Howard intended to kill someone in the Morris family and that she gave aid and encouragement to him in committing the murder, see People v. McCoy, 25 Cal.4th 1111, 1117, 108 Cal. Rptr.2d 188 , 24 P.3d 1210 (2001); People v. Beeman, 35 Cal.3d 547, 560 , 199 Cal.Rptr. 60 , 674 P.2d 1318 (1984). Forstein made numerous murderous threats against the Morris family, she called Howard and told him she needed him to “get rid of these two black niggers,” she returned with Howard on the day of the murder and she identified Morris’s younger brother. For-stein warned her neighbors to take cover because there might be a…

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