United States Ninth Circuit

On remand from the United States Supreme Court for reconsideration in light of Carey v. Musladin, 127 S. Ct. 649 (2006), the circuit court reaffirms its prior holding that no rational trier of fact could have found beyond a reasonable doubt that petitioner caused the child's death, and that a state court's affirmance of petitioner's conviction for assault on a child resulting in death was an unreasonable application of Jackson v. Virginia, 443 U.S. 307 (1979).

Appellate Information

• Decided 12/04/2007
• Published 12/04/2007

Judges

• Before:  HARRY PREGERSON and WILLIAM C. CANBY, JR., Circuit Judges, and EDWARD C. REED, JR., District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael J. Brennan, Esq., Manhattan Beach, CA, for Petitioner-Appellant.


• For Appellees:
  
• Kristofer Jorstad, Esq., Richard T. Breen, Esq., Office of the California Attorney General, Los Angeles, CA, for Respondent-Appellee.