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Cavazos v. Smith, 132 S. Ct. 2 (2011)
Cavazos v. Smith, 132 S. Ct. 2 (2011)
____ (2011)
Per Curiam
REE SMITH
PER CURIAM.
CAVAZOS v. SMITH
Per Curiam
Per Curiam
CAVAZOS v. SMITH
Per Curiam
Per Curiam
CAVAZOS v. SMITH
Per Curiam
Per Curiam
CAVAZOS v. SMITH
Per Curiam
* The dissents review of the evidence presented to the jury over seven
days is precisely the sort of reweighing of facts that is precluded by
Jackson v. Virginia, 443 U. S. 307, 324 (1979), and precisely the sort of
second-guessing of a state court decision applying Jackson that is
precluded by AEDPA, 2254(d). The dissents views on how adamantly experts would testify today as opposed to at the time of trial, post, at
6 (opinion of GINSBURG, J.), are of course pure speculation, as would be
any views on how a jury would react to less adamant testimony.
Per Curiam
REE SMITH
CAVAZOS v. SMITH
GINSBURG, J., dissenting
1 The States third expert, Dr. Chadwick, who was not present at
Etzels autopsy, testified that there may have been some swelling. But
he conceded that any swelling could not have caused death. Tr. 1478.
CAVAZOS v. SMITH
GINSBURG, J., dissenting
CAVAZOS v. SMITH
GINSBURG, J., dissenting
3 The social worker also testified that Etzels mother, Tomeka, told
Smith: If it wasnt for you this wouldnt have happened. Id., at 847.
Tomeka denied making any statement to that effect. Id., at 389.
CAVAZOS v. SMITH
GINSBURG, J., dissenting
4 Eriye has since resigned from the California Bar with discipline
charges pending.
5 Dr. Goldie testified that the old blood in Etzels brain did not con
tribute to his death, and Etzel died of SIDS. Id., at 994995, 1403. In
contrast, Dr. Siegler testified that the old blood provided the basis for
his conclusion that Etzel died of an earlier brain trauma, id., at 1152
1153, 11661167, not SIDS, id., at 11931194.