Upon a plea of not guilty by reason of insanity, the petitioner was found guilty by an Indiana jury of murder in the second degree. The Indiana Supreme Court upon direct appeal affirmed the conviction.
Moore
v.
State,
In holding that the District Court had been correct in rejecting the petitioner’s challenge to the sufficiency of the evidence supporting his conviction, the Court of Appeals stated that such a challenge presents a federal due process issue “оnly where a state court conviction is totally devoid оf evi-dentiary support.”
Id.,
at 642. The petitioner claims that this was error, and he urges that under
In re Winship,
The petitioner has contended that thе prosecution failed to meet its burden because it rеlied upon lay witnesses to prove sanity without providing any expert testimony to rebut his expert opinion testimony. But, as thе Court of Appeals noted, under Indiana law sanity may be established by either expert or lay testimony. The state aрpellate court, in an opinion thoroughly discussing the record evidence and the petitioner’s sufficiency chаllenge, concluded that the lay evidence in this case could have been credited by the jury, and it held that the State’s evidence was fully sufficient to support a jury finding beyond a reasonable doubt that the petitioner was sane at the time of the killing.
The Court of Appeals properly defеrred to the Indiana law governing proof of sanity. Although that сourt applied an improper legal standard when it сonsidered the petitioner’s *715 due process claim, it is clear from its opinion that the essence of that challenge concerned the rule of state law that permits the State to rely on lay proof of sanity. It is likewise clear from the record that under the standard enunciated in Jackson v. Virginia, the evidence in support of this conviction was constitutiоnally adequate.
Accordingly, the writ of certiorari is granted, and the judgment of the Court of Appeals is affirmed.
It is so ordered.
Notes
The District Court found, and the Court of Appeals' agreed, that the pеtitioner had failed to exhaust his available state remеdies on all but his challenge to the sufficiency of the evidence. The petitioner takes issue with this ruling, but we are satisfied that it was correct.
