Cavazos v. Smith

132 S. Ct. 2, 181 L. Ed. 2d 311, 565 U.S. 1, 2011 U.S. LEXIS 7603, 2011 WL 5118826
CourtSupreme Court of the United States
DecidedOctober 31, 2011
Docket10-1115
StatusPublished
Cited by1,066 cases

This text of 132 S. Ct. 2 (Cavazos v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cavazos v. Smith, 132 S. Ct. 2, 181 L. Ed. 2d 311, 565 U.S. 1, 2011 U.S. LEXIS 7603, 2011 WL 5118826 (U.S. 2011).

Opinions

[2]*2Per Curiam.

The opinion of the Court in Jackson v. Virginia, 443 U. S. 307 (1979), makes clear that it is the responsibility of the jury — not the court — to decide what conclusions should be drawn from evidence admitted at trial. A reviewing court may set aside the jury’s verdict on the ground of insufficient evidence only if no rational trier of fact could have agreed with the jury. What is more, a federal court may not overturn a state court decision rejecting a sufficiency of the evidence challenge simply because the federal court disagrees with the state court. The federal court instead may do so only if the state court decision was “objectively unreasonable.” Renico v. Lett, 559 U. S. 766, 773 (2010) (internal quotation marks omitted).

Because rational people can sometimes disagree, the inevitable consequence of this settled law is that judges will sometimes encounter convictions that they believe to be mistaken, but that they must nonetheless uphold. The Court of Appeals in this case substituted its 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. For this reason, certiorari is granted and the judgment of the Court of Appeals is reversed.

⅜* ⅜ ⅜

This case concerns the death of 7-week-old Etzel Glass. On November 29,1996, Etzel’s mother, Tomeka, put Etzel to sleep on a sofa before going to sleep herself in another room. Respondent Shirley Ree Smith — Tomeka’s mother — slept on [3]*3the floor next to Etzel. Several hours later, Smith ran into Tomeka’s room, holding Etzel, who was limp, and told her that “ [something [was] wrong with Etzel.” Tr. 416. By the time emergency officials arrived, Etzel was not breathing and had no heartbeat. Smith reported that she thought Etzel had fallen off the sofa. The officials’ efforts to resuscitate Etzel failed.

Doctors initially attributed Etzel’s death to sudden infant death syndrome (SIDS), the customary diagnosis when an infant shows no outward signs of trauma. But after an autopsy, the coroner concluded that the cause of death was instead shaken baby syndrome (SBS). When a social worker informed Smith of that finding, Smith told her that Etzel had not responded to her touch while sleeping, so she had picked him up and given him “a little shake, a jostle” to wake him. Id., at 842. According to the social worker, Smith then said something to the effect of, “Oh, my God. Did I do it? Did I do it? Oh, my God.” Id., at 847 (internal quotation marks omitted). In an interview with the police a few days later, Smith said that she had shaken Etzel, but then she corrected herself and said that she had twisted him to try to elicit a reaction. Smith was arrested and charged with assault on a child resulting in death. See Cal. Penal Code Ann. § 273ab (West 2008) (“Any person who, having the care or custody of a child who is under eight years of age, assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child’s death, shall be punished by imprisonment. . . ”).

At trial, the jury heard seven days of expert medical testimony on the cause of Etzel’s death. The prosecution offered three experts, each of whom attested that Etzel’s death was the result of SBS — not SIDS, as the defense contended. The first expert, Dr. Eugene Carpenter, was the medical examiner for the Los Angeles County coroner who had supervised Etzel’s autopsy. Dr. Carpenter is board certified in forensic, anatomic, and clinical pathology. He testified that [4]*4Etzel’s autopsy revealed recent hemorrhages in the brain, and he opined that the bleeding and other features of Etzel’s pathology, including a bruise and abrasion on the lower back of the baby’s head, were consistent with violent shaking. Dr. Carpenter identified two means by which shaking can result in a baby’s death: The first is that the shaking causes blood vessels in the brain to tear, creating a pool of blood that pushes the brain downward into the spinal canal, resulting in death but little direct damage to the brain. The second is that the shaking itself is sufficiently severe that the brain directly tears in vital areas, causing death with very little bleeding. Dr. Carpenter testified that Etzel’s injuries were consistent with the latter pathology. He also explained that the injuries could not be attributed to either a fall from the sofa or the administration of cardiopulmonary resuscitation. Nor, according to Dr. Carpenter, was it possible that Etzel perished from SIDS, given the signs of internal trauma. Dr. Carpenter did testify, however, that while SBS victims often suffer retinal hemorrhaging, Etzel’s autopsy revealed no such injury.

The prosecution’s second expert, Dr. Stephanie Erlich, was the associate deputy medical examiner who actually performed Etzel’s autopsy. She is board certified in anatomic pathology and neuropathology. She corroborated Dr. Carpenter’s testimony about the autopsy findings, and added that a followup neuropathologieal examination of Etzel’s brain confirmed the existence of recent hemorrhaging. Noting only a minimal amount of new blood in Etzel’s brain, she testified that the cause of death was direct trauma to the brainstem. On cross-examination, she agreed with defense counsel that retinal hemorrhaging (absent in Etzel’s case) is present in 75 to 80 percent of SBS cases.

The third prosecution expert, Dr. David Chadwick, is board certified in pediatrics and the author of articles on childhood death by abusive trauma. He testified that Et-[5]*5zel’s injuries were consistent with SBS and that old trauma could not have been the cause of the child’s death.

The defense called two experts to dispute these conclusions. The first, pathologist Dr. Richard Siegler, testified that Etzel died from brain trauma, but that it was not the result of SBS, given the lack of retinal hemorrhaging. He admitted on cross-examination, however, that an absence of retinal hemorrhaging does not exclude a finding of SBS. He also acknowledged that he did not believe the cause of Etzel’s death was SIDS. According to Dr. Siegler, Etzel died from old trauma, an opinion he reached on the basis of studying photographs of the neuropathological examination.

The other defense expert, pediatric neurologist Dr. William Goldie, testified that Etzel’s death was due to SIDS. He noted that Etzel was born with jaundice, a heart murmur, and low birth weight — making him more susceptible to SIDS. Dr. Goldie testified that pathologists had not been able to determine the cause of Etzel’s death and that the bleeding could be attributed to the resuscitation efforts.

The jury found Smith guilty. Concluding that the jury “carefully weighed” the “tremendous amount of evidence” supporting the verdict, Tr. 1649, the trial judge denied Smith’s motion for a new trial and sentenced her to an indeterminate term of 15 years to life in prison.

On direct review, Smith contended that the evidence was not sufficient to establish that Etzel died from SBS. After thoroughly reviewing the competing medical testimony, the California Court of Appeal rejected this claim, concluding:

“The expert opinion evidence we have summarized was conflicting. It was for the jury to resolve the conflicts.

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Cite This Page — Counsel Stack

Bluebook (online)
132 S. Ct. 2, 181 L. Ed. 2d 311, 565 U.S. 1, 2011 U.S. LEXIS 7603, 2011 WL 5118826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cavazos-v-smith-scotus-2011.