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Cavazos v. Smith

Docket No.10-1115
Op. Below9th Circuit

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 , 6-3 on Oct 31, 2011. Justice Ginsburg filed a dissenting opinion, which was joined by Justices Breyer and Sotomayor.

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