Supreme Court of the United States

McDaniel v. Brown — Thomas, J., Concurring

January 11, 2010558 U.S. 120

Summary

Justice Thomas concurred in the judgment, agreeing that the Ninth Circuit erred by considering post-trial evidence (the Mueller Report) in its sufficiency-of-the-evidence analysis under Jackson v. Virginia. He wrote separately to express disagreement with the Court’s discussion of the Mueller Report’s contents, arguing the Court was unnecessary because such evidence must be excluded from a Jackson inquiry.