Willie Lee James v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, State of Florida

Fifth Circuit

Willie Lee James v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, State of Florida

636 F.2d 1018, 1981 U.S. App. LEXIS 20235

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 12, 1981

Docket79-3312

StatusPublished

This text of 636 F.2d 1018 (Willie Lee James v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, State of Florida) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Willie Lee James v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, State of Florida, 636 F.2d 1018, 1981 U.S. App. LEXIS 20235 (5th Cir. 1981).

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Opinion

PER CURIAM:

Willie Lee James was convicted of sexual battery in Florida state court. During James’ jury trial, Joy C. Farley testified that, while she was walking alone on the evening of May 25, 1977, a man approached her, placed a knife to her throat, forced her to walk to a group of bushes near a creek, then sexually molested her. Farley identified James as her assailant. The jury found James guilty, as charged, and he was sentenced to life imprisonment. After unsuccessfully appealing his conviction in state court, James filed a petition for habeas corpus in federal court arguing that the finding of guilt was not supported by sufficient evidence. The district court dismissed his petition and James appeals.

James contends that, because his features do not correspond to Farley’s original description of her attacker, his identity was never sufficiently established. He admits that Farley positively identified him several times at trial. Using the standard enunciated in Talavera v. Wainwright, 547 F.2d *1019 1238 (5th Cir. 1977), the district judge sustained the conviction because he found that it was supported by some credible evidence. The district judge’s conclusion was clearly correct under the Talavera test. In Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), however, the Supreme Court rejected that test and established,

Instead the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

Id. at 319, 99 S.Ct. at 2789 (emphasis in original). This court recently held that we must apply the Jackson standard retroactively. Holloway v. McElroy, 632 F.2d 605, 638 (5th Cir. 1980).

Because the district court made no findings under the controlling standard, it is necessary that we vacate its order dismissing the petition and remand for further proceedings including additional findings applying the Jackson standard.

VACATED and REMANDED.

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PER CURIAM:

Willie Lee James was convicted of sexual battery in Florida state court. During James’ jury trial, Joy C. Farley testified that, while she was walking alone on the evening of May 25, 1977, a man approached her, placed a knife to her throat, forced her to walk to a group of bushes near a creek, then sexually molested her. Farley identified James as her assailant. The jury found James guilty, as charged, and he was sentenced to life imprisonment. After unsuccessfully appealing his conviction in state court, James filed a petition for habeas corpus in federal court arguing that the finding of guilt was not supported by sufficient evidence. The district court dismissed his petition and James appeals.

James contends that, because his features do not correspond to Farley’s original description of her attacker, his identity was never sufficiently established. He admits that Farley positively identified him several times at trial. Using the standard enunciated in Talavera v. Wainwright, 547 F.2d *1019 1238 (5th Cir. 1977), the district judge sustained the conviction because he found that it was supported by some credible evidence. The district judge’s conclusion was clearly correct under the Talavera test. In Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), however, the Supreme Court rejected that test and established,

Instead the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

Id. at 319, 99 S.Ct. at 2789 (emphasis in original). This court recently held that we must apply the Jackson standard retroactively. Holloway v. McElroy, 632 F.2d 605, 638 (5th Cir. 1980).

Because the district court made no findings under the controlling standard, it is necessary that we vacate its order dismissing the petition and remand for further proceedings including additional findings applying the Jackson standard.

VACATED and REMANDED.

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636 F.2d 1018, 1981 U.S. App. LEXIS 20235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willie-lee-james-v-louie-l-wainwright-secretary-department-of-offender-ca5-1981.

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