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Briefly Noted :

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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

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.

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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