Federal Judiciary

N.D. Olka. Briefly Notes Intra-Circuit Split Re Review of AEDPA Sufficiency-of-the-Evidence Issue

By A. Benjamin Spencer

Tenth Circuit authority is divided as to ?whether, under AEDPA, we review a sufficiency-of-the-evidence issue as a legal determination under 28 U.S.C. § 2254(d)(1) or a factual finding under § 2254(d)(2) and (e)(1).? Romano v. Gibson, 239 F.3d 1156, 1164 n. 2 (10th Cir.2001).

Full post as published by Split Circuits on February 23, 2008 (boomark / email).