Hurtado v. Tucker

LYNCH, Circuit Judge.

A writ of habeas corpus was granted by the district court to Bernardo Hurtado, who had been convicted of various state drug crimes. The district court determined that the state appellate courts erred in concluding that the evidence at trial was sufficient to support Hurtado’s conviction, and that, under the Antiterrorism and Ef fective Death Penalty Act (“AEDPA”), 1 the error was such as to qualify as either “contrary to, or [ ] an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1)…