United States Ninth Circuit

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Smith v. Mitchell, 04-55831

In a prosecution for assault on a child resulting in death, on remand from the Supreme Court for reconsideration, the court of appeals reinstates 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).

Appellate Information

  • Decided 10/29/2010
  • Published 10/29/2010


  • Per Curiam


  • United States Ninth Circuit


  • For Appellant:
  • Michael J. Brennan, Lawrence Daniels