The following excerpt is from Myers v. Rhay, 577 F.2d 504 (9th Cir. 1978):
The district court found this argument to be frivolous in that there was substantial evidence in the trial record to support a finding of premeditation. We agree. With respect to a challenge to the evidence at trial, a writ of habeas corpus may be granted only if "the charges against petitioner were so totally devoid of evidentiary support as to render his conviction unconstitutional under the Due Process Clause of the Fourteenth Amendment." Fish v. Cardwell, 523 F.2d 976, 978 (9 Cir. 1975) (citations omitted).
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