RODELL JENKINS, PETITIONER-APPELLANT,
v.
LOUIE L. WAINWRIGHT, WARDEN, RESPONDENT-APPELLEE

5th Cir. | 1973-12-14
No. 73-3126
488 F.2d 136 Court of Appeals for the Fifth Circuit (1973) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM:

[*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

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw