United States Ninth Circuit

The district court's denial of Arizona state prisoner Kyzar's habeas petition challenging his conviction for conspiring with another prisoner, Cropper, to commit a deadly or dangerous assault by a prisoner, is affirmed, where: 1) Kyzar's pro se filings before the Arizona trial court and the Arizona Court of Appeals fairly presented his sufficiency of the evidence claim, which was sufficient to exhaust his state remedies and avoid a procedural default; and 2) the Arizona trial court did not unreasonably apply Jackson v. Virginia when it rejected Kyzar's sufficiency of the evidence claim, as the State presented evidence that Kyzar knew Cropper intended to attack someone, agreed to help Cropper obtain a knife, and took an overt act in furtherance of this conspiracy.

Appellate Information

• Decided 03/12/2015
• Published 03/12/2015

Judges

• Bucklo

Court

• United States Ninth Circuit

Counsel