Legal Opinion

Gerald McKenzie v. David Smith, Warden

Court of Appeals for the Sixth Circuit

Decided June 19, 2003No. 01-1824PublishedCited by 81 opinions

1Opinion of the Court

OPINION

DAUGHTREY, Circuit Judge.

The petitioner, Gerald McKenzie, is a Michigan state prisoner who was convicted of assault with intent to murder and, as a result of that conviction, is serving a sentence of life imprisonment. He appeals the district court’s judgment denying his petition for a writ of habeas corpus, filed under 28 U.S.C. § 2254. For the reasons set out below, we conclude that the evidence introduced against McKenzie is constitutionally insufficient to sustain his conviction, and we therefore find it necessary to reverse the district court’s denial of relief.

FACTUAL AND…

2Cases cited11 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Schlup v. DeloSupreme Court of the United States · 1995
  3. Donald Harris v. Clarice StovallCourt of Appeals for the Sixth Circuit · 2000
  4. Leo Kelly, Jr. v. Pamela Withrow, WardenCourt of Appeals for the Sixth Circuit · 1994
  5. United States v. Gennaro J. OrricoCourt of Appeals for the Sixth Circuit · 1979

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3Cited by81 opinions

  1. Frank Howard v. Barbara Bouchard, WardenCourt of Appeals for the Sixth Circuit · 2005
  2. State v. JacksonOhio Supreme Court · 2005
  3. Cleveland Jackson v. Marc HoukCourt of Appeals for the Sixth Circuit · 2012
  4. Thompson v. BellCourt of Appeals for the Sixth Circuit · 2009
  5. Gerald Hand v. Marc HoukCourt of Appeals for the Sixth Circuit · 2017

76 more not listed; retrieve them via the Exa API.

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