On remand from the Supreme Court for further consideration in light of Carey v. Musladin (2006) 127 S.Ct. 649, the panel reinstated its judgment and opinion reversing the district court’s denial of a habeas corpus petition. The state court’s affirmance of the petitioner’s conviction for assault on a child resulting in death was an unreasonable application of Jackson v. Virginia (1979) 443 U.S. 307 because no rational trier of fact could have found beyond a reasonable doubt that the petitioner caused the child’s death. The panel held that its earlier decision was unaffected by Musladin because the case fell squarely within Jackson and did not concern an open question in Supreme Court jurisprudence. In this case, the evidence was totally deficient to establish beyond a reasonable doubt that defendant was responsible for the child’s death.