Wright v. West

505 U.S. 277, 112 S. Ct. 2482, 120 L. Ed. 2d 225, 1992 U.S. LEXIS 3689
Supreme Court of the United States·Decided June 19, 1992·No. 91-542·Published·Cited by 1,595 cases

Opinions

[280] Justice Thomas

announced the judgment of the Court and delivered an opinion,

in which The CHIEF Justice and Justice Scalia joined.

In this case, we must determine whether the Court of Appeals for the Fourth Circuit correctly applied our decision in Jackson v. Virginia, 443 U. S. 307 (1979), in concluding that the evidence against respondent Frank West was insufficient, as a matter of due process, to support his state-court conviction for grand larceny.

I

Between December 13 and December 26, 1978, someone broke into the Westmoreland County, Virginia, home of Angelo Cardova and stole items valued at approximately $3,500. On January 10,1979, police conducted a lawful search of the Gloucester County, Virginia, home of West and his wife. They discovered several of the items stolen from the Car-dova home, including various electronic equipment (two television sets and a record player); articles of clothing (an imitation mink coat with the name “Esther” embroidered in it, a silk jacket emblazoned “Korea 1970,” and a pair of shoes); decorations (several wood earvings and a mounted lobster); and miscellaneous household objects (a mirror framed with seashells, a coffee table, a bar, a sleeping bag, and some silverware). These items were valued at approximately $800, and the police recovered other, unspecified items of Cardo-va’s property with an approximate value of $300.

West was charged with grand larceny. Testifying at trial on his own behalf, he admitted to a prior felony conviction, but denied having taken anything from Cardova’s house. [281] He explained that he had bought and sold “a lot of. . . merchandise” from “several guys” at “flea bargain places” where, according to West, “a lot of times you buy things ... that are stolen” although “you néver know it.” App. 21. On cross-examination, West said that he had bought many of the stolen items from a Ronnie Elkins, whom West claimed to have known for years. West testified that he purchased one of the wood carvings, the jacket, mounted lobster, mirror, and bar from Elkins for about $500. West initially guessed, and then twice positively asserted, that this sale occurred before January 1, 1979. In addition, West claimed to have purchased the coat from Elkins for $5 around January 1, 1979. His testimony did not make clear whether he was describing one transaction or two, whether there were any other transactions between himself and Elkins, where the transactions occurred, and whether the transactions occurred at flea markets.1 West testified further that he had purchased one of [282] the television sets in an entirely separate transaction in Goochland County, from an individual whose name he had forgotten. Finally, West testified that he did not remember how he had acquired the second television, the coffee table, and the silverware.

Under then-applicable Virginia law, grand larceny was defined as the wrongful and nonconsensual taking of property worth at least $100, with the intent to deprive the owner of it permanently. See Va. Code Ann. § 18.2-95 (1975); Skeeter v. Commonwealth, 217 Va. 722, 725, 232 S. E. 2d 756, 758 (1977). Virginia law permits an inference that a person who fails to explain, or falsely explains, his exclusive possession of recently stolen property is the thief. See, e. g., Moehring v. Commonwealth, 223 Va. 564, 568, 290 S. E. 2d 891, 893 (1982); Best v. Commonwealth, 222 Va. 387, 389, 282 S. E. 2d 16, 17 (1981). The trial court instructed the jurors about this permissive inference, but warned that the inference did not compromise their constitutional obligation to acquit unless they found that the State had established every element [283] of the crime beyond a reasonable doubt. See In re Winship, 397 U. S. 358 (1970).2

The jury returned a guilty verdict, and West received a 10-year prison sentence. West petitioned for an appeal, contending (among other things) that the evidence was insufficient to support a finding of guilt beyond a reasonable doubt. In May 1980, the Supreme Court of Virginia refused the petition — a disposition indicating that the court found the petition without merit, see Saunders v. Reynolds, 214 Va. 697, 700, 204 S. E. 2d 421, 424 (1974). Seven years later, West filed a petition for a writ of habeas corpus in the same court, supported by an affidavit executed by Ronnie Elkins in April 1987. West renewed his claim that the original trial record contained insufficient evidence to support the conviction, and he argued in the alternative that Elkins’ affidavit, which tended to corroborate West’s trial testimony in certain respects, constituted new evidence entitling him to a new trial. The Supreme Court of Virginia again denied relief. West then filed a petition for a writ of habeas corpus in the District Court for the Eastern District of Virginia, which rejected both claims and denied relief.

The Court of Appeals for the Fourth Circuit reversed. 931 F. 2d 262 (1991). As the court correctly recognized, a [284] claim that evidence is insufficient to support a conviction as a matter of due process depends on "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.” Jackson v. Virginia, 443 U. S., at 319 (emphasis in original). Five considerations led the court to conclude that this standard was not met: first, the items were recovered no sooner than two weeks after they had been stolen; second, only about a third of the items stolen from Cardova (measured by value) were recovered from West; third, the items were found in West’s house in plain view, and not hidden away as contraband; fourth, West’s explanation of his possession was not so “inherently implausible,” even if it were disbelieved, that it could “fairly be treated as positive evidence of guilt”; and fifth, there was no corroborating evidence (such as fingerprints or eyewitness testimony) beyond the fact of mere possession. See 931 F. 2d, at 268-270. The court viewed West’s testimony as “at most, a neutral factor,” id., at 270, despite noting his “confusion” about the details of his alleged purchases, id., at 269, and despite conceding that his testimony “at first blush . .. may itself seem incredible,” id., at 270, n. 7. In holding that the Jackson standard was not met, the court did not take into consideration the fact that the Supreme Court of Virginia had twice previously concluded otherwise.

After the Fourth Circuit denied rehearing en banc by an equally divided court, see App. to Pet. for Cert. 34-35, the warden and the State Attorney General sought review in this Court on, among other questions, whether the Court of Appeals had applied Jackson correctly in this case. We granted certiorari, 502 U. S. 1012 (1991), and requested additional briefing on the question whether a federal habeas court should afford deference to state-court determinations applying law to the specific facts of a case, 502 U. S. 1021 (1991). We now reverse.

[285] II

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Wright v. West, 505 U.S. 277, 112 S. Ct. 2482, 120 L. Ed. 2d 225, 1992 U.S. LEXIS 3689 (1992).

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