Habeas Petition in Assault Matter

In Smith v. Mitchell, No. 04-55831, a prosecution for assault on a child resulting in death, on remand from the Supreme Court for reconsideration, the court of appeals reinstated its order reversing the district court’s denial of petitioner’s habeas petition, where no rational trier of fact could have found beyond a reasonable doubt that petitioner caused the child’s death, and the state court’s affirmance of the conviction was an unreasonable application of Jackson v. Virginia, 443 U.S. 307 (1979).

 

Related Resources

  • Read the Ninth Circuit’s Decision in Smith v. Mitchell, No. 04-55831

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