Legal Opinion

Isham v. McDaniel

Court of Appeals for the Ninth Circuit

Decided March 20, 2006No. 03-17267Published

1Opinion of the Court

MEMORANDUM **

Michael Darren Isham (“Isham”) seeks habeas relief, claiming insufficient evidence to support his conviction and ineffective assistance of counsel. We affirm the district court’s denial of relief.

The government presented sufficient evidence from which a rational juror could find Isham guilty of attempted murder. In Nevada, firing a gun at another person is ordinarily sufficient evidence of attempted murder. See Riebel v. State, 106 Nev. 258, 260, 790 P.2d 1004 (1990). The three police officers who pursued Isham testified that the man seated in the passenger side of a Mercury…

2Cases cited2 opinions

  1. Miguel A. Ramirez v. Sherman Hatcher, WardenCourt of Appeals for the Ninth Circuit · 1998
  2. Riebel v. StateNevada Supreme Court · 1990

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