· 4/29/2015
Robert Anthony Preston, Jr. v. Secretary, Florida Department of Corrections
Citations
- 785 F.3d 449
- 2015 U.S. App. LEXIS 7098
- 2015 WL 1926218
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that a petitioner raising a Jackson claim faces a high bar in 16 federal habeas due to the two layers of judicial deference
- recognizing that a petitioner raising a Jackson claim faces 34 a high bar in federal habeas due to the two layers of judicial deference
- holding that an applicant failed to exhaust a federal sufficiency of the evidence claim when his argument in the state appellate court was based on Florida’s circumstantial evidence standard
- holding that petitioner did not fairly present a federal sufficiency of the evidence claim where his direct appeal brief relied on state law and did not cite any provisions of federal law
- holding that federal sufficiency-of-the-evidence claim was not exhausted because petitioner “asserted in his [state appellate] brief that his conviction rested on insufficient evidence, without clarifying whether he intended to bring a federal or a state sufficiency of the evidence claim”
- explaining that we presume “that the jury resolved those conflicts in favor of the prosecution and against the defendant” (quotations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Marcus, Pryor, Martin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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