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MORGAN v. DICKHAUT

No. 10-1208.

677 F.3d 39 (2012)

David MORGAN, Petitioner-Appellant, v. Thomas DICKHAUT, Superintendent, Souza Baranowski Correctional Center, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided April 27, 2012.

Attorney(s) appearing for the Case

Catherine J. Hinton , with whom Rankin & Sultan was on brief, for appellant.

Amy L. Karangekis , Assistant Attorney General, with whom Martha Coakley , Attorney General, was on brief, for appellee.

Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

In this appeal arising from a 28 U.S.C. § 2254 petition, David Morgan challenges his Massachusetts state court conviction of first degree murder. Morgan argues that the district court erred in dismissing his petition because the Massachusetts Supreme Judicial Court ("SJC") applied a beyond a reasonable doubt standard contrary to that articulated by the Supreme Court in Jackson v. Virginia, 443 U.S. 307

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