Jefferson L. Davis, Petitioner-appellant, v. Robert D. Hannigan; Attorney General of Kansas,respondents-appellees, 999 F.2d 547 (10th Cir. 1993)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Petitioner Jefferson L. Davis appeals from an order of the district court denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. We affirm.

Following a jury trial in state court, petitioner was convicted of first-degree murder. He was sentenced to life imprisonment without possibility of parole. His conviction and sentence were affirmed on direct appeal. Following denial of his state post-conviction relief motion, petitioner commenced this federal action.

In his federal complaint, petitioner asserted that he is not guilty and, therefore, the evidence was insufficient to support his conviction. Petitioner also alleged he was denied effective assistance of counsel because counsel improperly withdrew from his case, thus denying him a direct appeal from his conviction.

In its order, the district court discussed the evidence presented at trial and held that the evidence was sufficient for a rational factfinder to find the state had proved the essential elements of first-degree murder beyond a reasonable doubt. The court also noted petitioner had taken a direct appeal from his conviction. The court reviewed the record and concluded counsel's performance at trial had not been ineffective under the standards announced in Strickland v. Washington, 466 U.S. 668 (1984).

Upon review of the state court record including the trial transcript, the parties' briefs on appeal, and the applicable law, we AFFIRM the judgment of the United States District Court for the District of Kansas for substantially the reasons stated therein.

The mandate shall issue forthwith.