In habeas proceedings arising from petitioner’s conviction of two counts of conspiracy to commit murder, district court’s judgment is reversed where the evidence was insufficient to allow a rational trier of fact to find defendant participated in two conspiracies and the court’s contrary conclusion was an unreasonable application of clearly established Supreme Court precedent, In re Winship, 397 U.S. 358 (1970).
Read Robertson v. Klem, No. 07-2581
Appellate Information
On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 06-cv-00467)District Judge: Hon. Terrence F. McVerry
Argued April 22, 2009Opinion Filed August 28, 2009
JudgesBefore: Scirica, Chief Judge, Sloviter and Fisher, Circuit Judges.Opinion by Circuit Judge Sloviter
Counsel
Counsel for Appellant: Thomas L. Kirsch, II, Linda T. Coberly, John F. Kness
Counsel for Appellee: Jack R. Heneks, Jr., Nancy D. Vernon
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