RODELL JENKINS, PETITIONER-APPELLANT,
v.
LOUIE L. WAINWRIGHT, WARDEN, RESPONDENT-APPELLEE
RODELL JENKINS, PETITIONER-APPELLANT,
LOUIE L. WAINWRIGHT, WARDEN, RESPONDENT-APPELLEE
488 F.2d 136
Court of Appeals for the Fifth Circuit (1973)
Positive Treatment
Cited by 8 cases
Opinion of the Court
[*137] PER CURIAM:
Jenkins appeals from the denial of federal habeas relief. The trial court held that the sole issue raised below (and the sole issue on this appeal), the sufficiency vel non of the evidence at appellant’s state trial for murder as to his sanity at the time the offense was committed, did not present grounds for federal habeas relief for denial of due process. We agree.
There was competent evidence presented at the trial to substantiate the jury verdict. An issue of the sufficiency of the evidence raised by conflicting testimony supporting a state conviction does not present a due process question. See Colbroth v. Wainwright, 5 Cir. 1972, 466 F. 2d 1193; Young v. Alabama, 5 Cir. 1971, 443 F. 2d 854; Pleas v. Wainwright, 5 Cir. 1971, 441 F. 2d 56; Summerville v. Cook, 5 Cir. 1971, 438 F. 2d 1196. Cf. Mims v. United States, 5 Cir. 1967, 375 F. 2d 135.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Anderson v. Maggio, 555 F.2d 447 (5th Cir. 1977)
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Mercado v. Massey, 536 F.2d 107 (5th Cir. 1976)
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Jackson v. State OF Ala., 534 F.2d 1136 (5th Cir. 1976)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Mims v. United States, 375 F.2d 135 (5th Cir. 1967)
- Pleas v. Wainwright, 441 F.2d 56 (5th Cir. 1971)
- Summerville v. Cook, 438 F.2d 1196 (5th Cir. 1971)
- Cleophus Young v. State OF Ala., 443 F.2d 854 (5th Cir. 1971)
- Colbroth v. Louie L. Wainwright, 466 F.2d 1193 (5th Cir. 1972)