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July 02, 2008

CA1: no habeas in dual-theory case

Leftwich v. Maloney, No. 06-2583.  In this habeas case, Selya makes one thing clear: he knows how to use big words to keep the damned damned.  He says there is one issue, “Was the evidence sufficient, in terms of the Due Process Clause, to ground a conviction for first-degree murder either as a principal or as a joint venturer?”  Selya figures out which theories of guilt (joint venturer or principal) the state courts passed on and concludes that the state court didn’t address whether his conviction as a principal would stand up to due process standards.  Finally, Selya says that the defendant confessed that he helped dispose of the body, and therefore, enough inferences could be drawn.

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