United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS December 30, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-31024
Summary Calendar
DERRICK HOPSON,
Petitioner-Appellant,
versus
BURL CAIN, WARDEN, LOUISIANA
STATE PENITENTIARY,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 02-CV-1123-K
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Before REAVLEY, JONES and PRADO, Circuit Judges.
PER CURIAM:*
Derrick Hopson, Louisiana prisoner # 315293, was convicted
after a jury trial of second degree murder and was sentenced to
life imprisonment. The district court denied his 28 U.S.C.
§ 2254 petition. A certificate of appealability was granted on
the issue of whether the evidence was sufficient to support his
conviction.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-31024
-2-
Hopson contends that there was insufficient evidence to
identify him as having been at the scene of the crime or to
establish that he had the requisite specific intent to kill or to
inflict great bodily harm. See LA. REV. STAT. ANN. § 30:1. The
state appellate court rejected these arguments.
Under the Antiterrorism and Effective Death Penalty Act, we
may not grant habeas relief unless the state court’s decision was
contrary to, or involved an unreasonable application of clearly
established federal law as determined by the Supreme Court. 28
U.S.C. § 2254(d). Viewing the evidence in the light most
favorable to the jury’s verdict, as we must, see Jackson v.
Virginia, 443 U.S. 307, 319 (1979), we hold that the state
court’s determination was not an unreasonable application of
clearly established federal law. See Foster v. Johnson, 293 F.3d
766, 776 (5th Cir.), cert. denied, 537 U.S. 1054 (2002); Foy v.
Donnelly, 959 F.2d 1307, 1316 (5th Cir. 1992).
AFFIRMED.