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David Morgan v. Thomas Dickhaut, Superintendent

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Before Torruella, Lipez, and Howard, Circuit Judges.

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 (1979), in evaluating his claim that there was insufficient evidence presented at trial to support his conviction. Alternatively, Morgan argues that, even if the SJC applied the correct standard, it did so unreasonably, because the evidence presented against him was insufficient to establish his guilt beyond a reasonable doubt. We reject these arguments and affirm the district court’s dismissal of Morgan’s petition.

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