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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.