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eBook details

• Title: Delk V. Atkinson
• Author : Sixth Circuit. United States Court Of Appeals
• Release Date : January 25, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

The district court granted a writ of habeas corpus which had the effect of enjoining retrial of the petitioner on a murder charge. Following his jury conviction of murder in the second degree in a state trial court the petitioner appealed to the Tennessee Court of Criminal Appeals, and ultimately to the Tennessee Supreme Court claiming, inter alia, that the verdict of the jury was not supported by sufficient evidence. The supreme court reversed for trial errors and remanded for a new trial. In doing so it specifically found that the evidence was sufficient to sustain the conviction, though one justice dissented from this finding. The petitioner then sought pretrial habeas relief in the district court. The district court reviewed the evidence and concluded that the test of Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979), had not been met since no rational trier of fact could have found from that evidence proof beyond a reasonable doubt of every element of the offense of murder. Delk v. Atkinson, 498 F. Supp. 1282 (1980). The district court concluded that a retrial for the same homicide would constitute double jeopardy and issued the writ.

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