Editor's Note :

Editor's Note :

There is a possibility of opinions on Wednesday, March 1.
On Tuesday the court hears oral argument in Dean v. United States. Douglas Berman has our preview.

Cavazos v. Smith

Docket No. Op. Below Argument Opinion Vote Author Term
10-1115 9th Cir. Not Argued Oct 31, 2011 6-3 Per Curiam OT 2011
 
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Holding: The Ninth Circuit exceeded its authority under 28 U.S.C. § 2254(d)when it substituted its own judgment for that of a California jury on the question whether the prosecution’s or the defense’s expert witnesses more persuasively explained the cause of a death.

Plain English Summary:

Judgment: Summarily reversed in a per curiam opinion on October 31, 2011. Justice Ginsburg filed a dissenting opinion, which was joined by Justices Breyer and Sotomayor.

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