Boyer v. Belleque
2011 U.S. App. LEXIS 21841
9th Cir.2011Background
- Boyer, an Oregon state prisoner, was convicted of multiple sexual offenses and two counts of attempted aggravated murder based on HIV transmission through anal sex without protection.
- On direct appeal, Boyer challenged the sufficiency of the evidence to prove the intent to kill element of attempted aggravated murder.
- The district court denied his 28 U.S.C. § 2254 petition, and the Ninth Circuit reviews de novo under AEDPA.
- Oregon defines attempted murder as intentionally causing the death of another, requiring a conscious objective to kill.
- The court evaluates whether a rational jury could find intent to kill beyond a reasonable doubt, applying Jackson v. Virginia with AEDPA deference.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves intent to kill under Oregon law. | Boyer argues evidence shows recklessness, not intent. | State contends evidence, including HIV knowledge and grooming, shows conscious objective to kill. | Not objectively unreasonable; evidence could support intent to kill. |
| Whether the application of Jackson v. Virginia was reasonable under AEDPA. | AEDPA deference should not shield an unreasonable application. | State court reasonably applied Jackson to the record. | State court's application not objectively unreasonable. |
| Whether Hinkhouse controls the outcome given similar facts. | Distinguishable facts undermine Hinkhouse’s probative power. | Hinkhouse remains persuasive; similar facts support intent to kill. | Not distinguishable enough; Hinkhouse supports the verdict under AEDPA. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of evidence in habeas review)
- Williams v. Taylor, 529 U.S. 362 (U.S. 2000) (unreasonable application standard under AEDPA)
- Harrington v. Richter, 131 S. Ct. 770 (U.S. 2011) (double deference; clearly established federal law)
- In re Winship, 397 U.S. 358 (U.S. 1970) (due process requires proof beyond a reasonable doubt)
- State v. Hinkhouse, 912 P.2d 924 (Or. Ct. App. 1996) (repeated unprotected sex with AIDS as sufficient intent to kill under Oregon law)