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GILLEY v. COLLINS

No. 91-1301.

968 F.2d 465 (1992)

Richard Ray GILLEY, Petitioner-Appellee, v. James COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

August 4, 1992.

Attorney(s) appearing for the Case

R. Ray Buvia, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, Tex., for respondent-appellant.

Daniel W. Carney, Vick, Chrestman & Carney, Weatherford, Tex., Allan K. Butcher, Hill, Beatty, Butcher & Gallagher, Ft. Worth, Tex., petitioner-appellee.

Before GOLDBERG, DUHÉ, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

Richard Gilley having been granted habeas relief because there was insufficient evidence to support his state conviction for possession of marijuana, the sole issue before us "is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt", as held in Jackson v. Virginia, 443 U.S. 307...

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