Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

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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