Velasquez

Velasquez v. Alameida

Good Law
201 F. App'x 514
United States Court of Appeals for the Ninth CircuitSeptember 14, 2006No. 05-55208California534 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Jose Velasquez seeks habeas relief under AEDPA, 28 U.S.C. § 2254 , from his conviction of first degree murder. The facts and procedural history are known to the parties, and we do not recount them here. We review the district court’s dismissal of the petition for writ of habeas corpus de novo. Alcala v. Wood-ford, 384 F.3d 862, 868 (9th Cir.2003). To succeed on his habeas claim, Velasquez must show that the state court’s decision is contrary to clearly established federal law as determined by the Supreme Court or that its decision “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d)(1) & (2). Velasquez has satisfied neither standard.

First, we reject Velasquez’s claim that the evidence presented at his state-court trial was insufficient to convict him. To obtain habeas relief on this ground, Velasquez must show that “upon the record evidence adduced at the trial no rational trier of fact could have found proof of guilt beyond a reasonable doubt” when that evidence is viewed in the light most favorable to the prosecution. Jackson v. Virginia, 443 U.S. 307, 324 , 99…

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