• Argument granted on January 26, 2009
• Issue: Whether, on federal habeas review, the evidence underlying the defendant’s conviction for sexual assault was clearly insufficient under Jackson v. Virginia.
• Background: Fourteen years ago, Troy Brown was convicted of sexual assault. DNA evidence was the primary evidence in the case. The District Court reversed his conviction, finding that the DNA information was false and the additional evidence was not sufficient to establish guilt. The Nevada Attorney General is arguing that, under Jackson v. Virginia, a federal habeas court should not expand the record or consider non-record evidence to determine the reliability of the evidence at trial, so the lower courts should not have reversed the defendant’s conviction.