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Reviewing expert evidence

Cavazos v. Shirley Ree Smith

Updated Oct 18, 2026

In brief

The Supreme Court overturned the Ninth Circuit’s ruling for Smith and sent the case back for more proceedings.

Where it stands
Decided

Decided · October 31, 2011 · Per curiam

What it’s about
Shirley Ree Smith, convicted in her infant grandson’s death, received relief from the Ninth Circuit after it found the evidence insufficient amid conflicting expert testimony about the cause of death.
Who it affects
The Ninth Circuit’s ruling for Smith was overturned, and her case returns to that court for further proceedings.

Summary: written with AI from the case record.

Illustration for Javier Cavazos, Acting Warden v. Shirley Ree Smith
Conceptual illustration · AI-generated

What it's about

Acting warden Javier Cavazos asked the Supreme Court to overturn that ruling; the Court did so and sent the case back for further proceedings (remanded).

Shirley Ree Smith was convicted in the death of her infant grandson. The Ninth Circuit granted her relief after finding the evidence insufficient amid conflicting expert testimony about the cause of death.

The dispute grew out of conflicting expert testimony about the cause of death in Smith’s grandson’s case and the Ninth Circuit’s review of her conviction.

Question presented

Did the Ninth Circuit exceed its authority under the deferential standard for habeas corpus review by granting relief for insufficient evidence based on its acceptance of the cause-of-death testimony of defense experts over the contrary opinion of prosecution experts?

What the Court decided

Holding

The judgment of the Court of Appeals for the Ninth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

Result
Reversed

The vote

Majority author
Ginsburg, Breyer, Sotomayor

From the opinions

“The Court’s summary disposition of this case, in my judgment, is a misuse of discretion.”

— Justice Ginsburg(dissent)

What's next

The case returns to the Ninth Circuit for further proceedings consistent with the Supreme Court’s opinion.

Documents

1

Opinions

View the full docket on supremecourt.gov

Docket activity

6
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

Show 1 more
  • Opinion added: Cavazos

    Oct 31, 2011 · Court records

More questions

3
What did Justice Ginsburg say the Court should have done?
She said the Court should have refused California’s request to review the case, arguing that the justices had used their discretion improperly.
What did the judge who first reviewed Smith’s challenge say?
Justice Ginsburg said the judge thought Smith should not receive relief but also said the evidence raised many questions.
What facts did Justice Ginsburg cite?
She pointed to no evidence that Smith had abused or neglected the other children she helped raise and no identified event that might have prompted the assault.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis