Supreme Court has final word on shaken baby case

[alp227]

Source: SF Chronicle

Three times, the Ninth U.S. Circuit Court of Appeals has overturned Shireen Ree Smith's conviction for fatally assaulting her 7-week-old grandson in 1996, finding no credible evidence that the Los Angeles woman had shaken the infant to death.

Twice, the Supreme Court has ordered the San Francisco-based appellate court to reconsider the case. On Monday, the high court had the last word, reinstating Smith's conviction and sentence of 15 years to life in prison and admonishing the lower court for second-guessing the jury verdict.

"It is the responsibility of the jury - not the court - to decide what conclusions should be drawn from evidence admitted at trial," the majority said in an unsigned 6-3 ruling that will return Smith to prison after five years of freedom during her appeal.

Doubts about Smith's guilt "are understandable," the court said, but once a state court jury has spoken - with evidence to support its conclusion - federal courts have no authority to intervene.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/11/01/BA6I1LOLHQ.DTL

[CarmanK]

1. DEATH PENALTY OKAY< EVEN IF INNOCENT put to death!

The SUPREME RATS ARE AT it again. Even when the lower courts see egregious injustices, they are not supposed to intervene because the JURY SAID SO. This stinks, but everything about the roberts court is so contaminated with rot, there will be no justice in the country with these numbnuts in charge. I hate what the republicans have done to our country in order to spread commerce and concentrate power and wealth at the top. But, then the DEMS were so complicit in the repug demonizations and mismanagement of govt, it makes me want to vomit.

[Hassin Bin Sober]

2. From the article:

Information now available about shaken-baby syndrome casts "grave doubt" on Smith's guilt, said Ginsburg, joined by Justices Stephen Breyer and Sonia Sotomayor. She said the majority seems to have chosen Smith's case "as a fit opportunity to teach the Ninth Circuit a lesson."

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/10/31/BA6I1LOLHQ.DTL#ixzz1cTVSg7YI

Another victim of the "not" activist roberts court.

[Warpy]

3. The right wing inJustices won't be happy until the whole 99% is

either in prison or guarding those prisons. Guilt or innocence is irrelevant.

Seriously, guys, it would be easier, cheaper and more just to jail the 1%.

[rug]

4. Where was Kagan?

[Freddie Stubbs]

5. With the majority. Only Ginsburg, Breyer, and Sotomayor dissented:

http://en.wikipedia.org/wiki/2011_term_per_curiam_opinions_of_the_Supreme_Court_of_the_United_States

[Dont call me Shirley]

6. SCOTUS has now approved conviction with anti-evidence, what a precedent.

Kagan, disappointing, siding with the wrong wingers.

[happyslug]

7. Here is the actual Court Opinion

http://www.supremecourt.gov/opinions/11pdf/10-1115.pdf

Please note the US Supreme Court REVERSED the Ninth Circuit Court of Appeals WITHOUT a hearing or even Briefs being filed. The dissent would have denied the request to hear the case and thus leave the last Ninth Circuit ruling on this case stand. The Majority made the decision NOT to hear the case on its merits, but to reverse the Ninth Circuit and then send the case back to the Courts of California to throw this grandmother back into jail.