In the Ninth

Well, is the 9th Circuit due for another pounding for their allegedly errant ways? Courtesy of SCOTUSBlog here are two opportunities.

Title: Cavazos v. Smith Docket: 10-1115 Issue(s): Did the Ninth Circuit exceed its authority under 28 U.S.C. § 2254(d) by granting relief for insufficient evidence based on its acceptance of the cause-of-death testimony of defense experts over the contrary opinion testimony of prosecution experts? Certiorari stage documents: Opinion below (9th Circuit) Petition for certiorari Brief in opposition Petitioner’s reply

The published opinion leads off with note that this is the second time they’d heard the case, the first before the Supremes remanded. This is a shaken baby prosecution, and so should be of interest to military practitioners.

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Title: Cash v. Maxwell Docket: 10-1548 Issue(s): (1) Whether, under 28 U.S.C. § 2254, a federal court may grant habeas relief on a claim that the state-court conviction rested on perjured testimony absent proof that the prosecution knew that the challenged testimony was false and when the state post-conviction court deemed the testimony truthful; (2) whether, under 28 U.S.C. § 2254, a federal court may grant habeas corpus relief on a claim alleging suppression of exculpatory evidence when that evidence was unknown to law enforcement officials working on the case and without considering whether the state court might have rejected this claim. Certiorari stage documents: Opinion below (9th Cir.) Petition for certiorari Brief in opposition (forthcoming) Petitioner’s reply