Grayson

Grayson v. Mitchell

Good Law
257 F. App'x 32
United States Court of Appeals for the Ninth CircuitNovember 13, 2007No. 06-16035California243 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner April Grayson appeals the denial of her petition for a writ of habeas corpus.

Sufficient evidence supports Gray-son’s conviction for bringing explosives into the jail, as we are bound by the California Court of Appeal’s conclusion that bullets are explosives. See Bradshaw v. Richey, 546 U.S. 74, 76 , 126 S.Ct. 602 , 163 L.Ed.2d 407 (2005).

Sufficient evidence supports Grayson’s conviction for procuring the victim for purposes of prostitution. Viewed in the light most favorable to the prosecution, Officer William’s testimony is sufficient to support the conviction. See United States v. Shea, 493 F.3d 1110, 1114 (9th Cir.2007). Grayson’s acquittal on the kidnapping charge did not undermine the procuring conviction. See United States v. Powell, 469 U.S. 57, 67 , 105 S.Ct. 471 , 83 L.Ed.2d 461 (1984).

No clearly established Supreme Court precedent requires the giving of a more specific unanimity instruction than that provided by the trial court. See Schad v. Arizona, 501 U.S. 624, 645 , 111 S.Ct. 2491 , 115 L.Ed.2d 555 (1991).

Finally, the California Court of Appeal’s determination that Grayson failed to request a Marsden hearing was not an unreasonable…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.