Editor's Note :

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On Monday at 9:30 a.m., the court is expected to release orders from the February 21 conference. At 10:00 a.m., the justices will hear oral argument in U.S. Forest Service v. Cowpasture River Preservation Association. Click to read our preview from Noah Sachs.
On Monday at 11:00 a.m., the justices will hear oral argument in Opati v. Sudan. Click to read our preview from Amy Howe.
On Tuesday and Wednesday, there is a possibility of opinions at 10:00 a.m.

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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