Appellate Law

CA1: no habeas in dual-theory case

By S. COTUS

Leftwich v. Maloney, No. 06-2583.  In this habeas case, Selya makes one thing clear: he knows how to use big words to keep the damned damned.  He says there is one issue, ?Was the evidence sufficient, in terms of the Due Process Clause, to ground a conviction for first-degree murder either as a principal or as a joint venturer??  Selya figures out which theories of guilt (joint venturer or principal) the state courts passed on and concludes that the state court didn?t address whether his conviction as a principal would stand up to due process standards.  Finally, Selya says that the defendant confessed that he helped dispose of the body, and therefore, enough inferences could be drawn.

Full post as published by Appellate Law and Practice on July 02, 2008 (boomark / email).