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eBook details

• Title: Moore v. Duckworth
• Author : Supreme Court of the United States
• Release Date : January 02, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

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[ 443 U.S. Page 713] [8]     Upon a plea of not guilty by reason of insanity, the petitioner was found guilty by an Indiana jury of murder in the second degree. The Indiana Supreme Court upon direct appeal affirmed the conviction. Moore v. State, 260 Ind. 154, 293 N. E. 2d 28 (1973). The petitioner then sought a writ of habeas corpus in a Federal District Court pursuant to 28 U. S. C. § 2254. He claimed, inter alia, that he had been denied due process of law because he had been convicted upon evidence allegedly insufficient to prove beyond a reasonable [ 443 U.S. Page 714] doubt that he was sane at the time the victim was killed.* The District Court denied the writ, and the Court of Appeals for the Seventh Circuit affirmed. 581 F.2d 639 (1978). In holding that the District Court had been correct in rejecting the petitioner's challenge to the sufficiency of the evidence supporting his conviction, the Court of Appeals stated that such a challenge presents a federal due process issue only where a state court conviction is totally devoid of evidentiary support. Id., at 642. The petitioner claims that this was error, and he urges that under In re Winship, 397 U.S. 358 (1970), a state prisoner is entitled to a determination whether the record evidence could support a finding of guilt beyond a reasonable doubt. We agree. Jackson v. Virginia, ante, p. 307. Nonetheless, under the circumstances of this case we conclude that a remand for further consideration in light of Jackson v. Virginia would be inappropriate.

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