GALVAN
v.
UNITED STATES

U.S. | 1982-03-22
No. 81-6257
455 U.S. 1028 Supreme Court of the United States (1982) Positive Treatment
Cited by 2 cases

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  • Spalla v. Foltz, 788 F.2d 400 (6th Cir. 1986)
    …found the essential elements of the crime beyond a reasonable doubt.” Id. at 319, 99 S.Ct. at. 2789 (emphasis added). See also Brown v. Davis, 752 F. 2d 1142, 1144 (6th Cir.1985); Fuller v. Anderson, 662 F. 2d 420, 423 (6th Cir.1981), cert. denied, 455 U.S. 1028, 102 S.Ct. 1734, 72 L.Ed.2d 150 (1982). We believe that the circumstantial evidence produced in this case is sufficient under Jackson v., Virginia to uphold the state court’s conviction. See, e.g., Scott v. Perini, 662 F. 2d 428 (6th Cir.1981), cer…
  • Walker v. A.L. Lockhart, 763 F.2d 942 (8th Cir. 1985)
    …ly concludes that bias supports granting the writ. Even without the opinions in the first round of habeas proceedings, the court would be arrogating the role of the district court by making initial factual findings on appeal. See Anderson v. Fuller, 455 U.S. 1028, 1030, 102 S.Ct. 1734, 1735, 72 L.Ed.2d 150 (1982) (Burger, C.J., dissenting). But this zealousness is rendered doubly improper because the court contradicts the earlier district court finding and our prior approval of that finding without any effor…

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