Mackey

Mackey v. Newland

Good Law
212 F. App'x 656
United States Court of Appeals for the Ninth CircuitDecember 13, 2006No. 04-15722California592 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Terry J. Mackey appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition challenging his jury-trial conviction for forcible rape, spousal abuse and assault with a deadly weapon. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo the district court’s denial of a habeas petition, Mendez v. Small, 298 F.3d 1154, 1157-58 (9th Cir.2002), and we reverse and remand.

First, Mackey contends that there was insufficient specific evidence for the jury to convict him of the seven counts of spousal abuse. We' disagree. The trial transcript is replete with testimony and evidence of at least seven instances of spousal abuse committed by Mackey. “(Vjiewing 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).

Next, Mackey contends that his due process rights were violated when the state introduced evidence that, in 1977, he also abused his ex-wife. To the extent that Mackey is claiming there was a violation of…

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