Robertson v. Klem, No. 07-2581

In habeas proceedings arising from petitioner's conviction of two counts of conspiracy to commit murder, district court's judgment is reversed where the evidence was insufficient to allow a rational trier of fact to find defendant participated in two conspiracies and the court's contrary conclusion was an unreasonable application of clearly established Supreme Court precedent, In re Winship, 397 U.S. 358 (1970).  

Read Robertson v. Klem, No. 07-2581

Appellate Information

On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 06-cv-00467)
District Judge: Hon. Terrence F. McVerry

Argued April 22, 2009
Opinion Filed August 28, 2009

Judges
Before: Scirica, Chief Judge, Sloviter and Fisher, Circuit Judges.
Opinion by Circuit Judge Sloviter

Counsel

Counsel for Appellant: Thomas L. Kirsch, II, Linda T. Coberly, John F. Kness

Counsel for Appellee:  Jack R. Heneks, Jr., Nancy D. Vernon