Daily Bar News

Todays Date: Click here to add this website to your favorites
  rss
Bar News Search >>>
law firm web design
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming
High court reinstates 'shaken baby' conviction

•  Recent Cases     updated  2011/10/31 02:49


The Supreme Court has again reinstated the conviction of a California woman for shaking her 7-week-old grandson to death, a final ruling that ends a protracted dispute with the federal appeals court in San Francisco.

The justices voted 6-3 Monday to reverse the 9th U.S. Circuit Court of Appeals' ruling in favor of Shirley Ree Smith. The appeals court had three times set aside Smith's conviction, saying the case likely was "a miscarriage of justice." The appeals court said there was "no demonstrable support" for the prosecution's theory of the case.

But the high court said that even though doubts about Smith's guilt are "understandable," the appeals court should have deferred to state courts that upheld Smith's conviction.

Justices Stephen Breyer, Ruth Bader Ginsburg and Sonia Sotomayor dissented.

Ginsburg, writing for the dissenters, said the court should have passed up the chance to "teach the 9th Circuit a lesson" in a tragic case.

"What is now known about shaken baby syndrome casts grave doubt on the charge leveled against Smith; and uncontradicted evidence shows that she poses no danger whatever to her family or anyone else in society," Ginsburg said.

ⓒ Daily Bar News - All Rights Reserved.

The content contained on the web site has been prepared by Daily Bar News
as a service to the internet community and is not intended to constitute legal advice or
a substitute for consultation with a licensed legal professional in a particular case or circumstance.

Law Firm Website Design by Lawyer Website Design That Works