Joseph Hawkins, A/K/A Joseph Davis v. Theodore West, Warden, Queens House of Detention

OAKES, Circuit Judge:

In this case, decided by the district court after Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), but before Daye v. Attorney General, 696 F.2d 186 (2d Cir.1982) (en banc), we are called upon to determine whether a Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), claim that the evidence was insufficient to establish guilt beyond a reasonable doubt was adequately presented to the state courts under Daye to say that the habeas petitioner’s claims were totally exhausted as required by Rose. The United States District Court for the…