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.