Freddie Bradley v. Rick Thaler, Director

Filing 920100506

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Case: 08-41334 Document: 00511101678 Page: 1 Date Filed: 05/05/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-41334 Summary Calendar May 5, 2010 Lyle W. Cayce Clerk FREDDIE DEMORIS BRADLEY, Petitioner-Appellant v. RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent-Appellee Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:06-CV-382 Before BENAVIDES, PRADO and SOUTHWICK, Circuit Judges. PER CURIAM:* Freddie Demoris Bradley, Texas prisoner # 1131925, appeals the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas relief. Bradley claims that the evidence at trial was legally insufficient to support the jury's verdict that he was guilty of robbery. Specifically, he asserts that no evidence in the record supports a finding that he "intentionally or knowingly threaten[ed] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. * Case: 08-41334 Document: 00511101678 Page: 2 No. 08-41334 Date Filed: 05/05/2010 or place[d] another in fear of imminent bodily injury or death." See T EX. P ENAL C ODE A NN. § 29.02(a)(2). We have reviewed the record and the briefs submitted by the parties and hold that Bradley failed to meet his burden of establishing that the state court's adjudication of his claims resulted in a decision that was contrary to federal law. See 28 U.S.C. § 2254(d); Williams v. Taylor, 529 U.S. 362, 402-13 (2000); Jackson v. Virginia, 443 U.S. 307, 324-25 (1979); Wilmeth v. State, 808 S.W.2d 703, 705-06 (Tex. Ct. App. 1991). Accordingly, we affirm. AFFIRMED. 2

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