Via FrontPorch

The US Supreme Court summarily reversed a federal appeals court on Monday in a ruling that will force a California grandmother back to prison for the alleged shaking death of her infant grandson.
The 6-to-3 vote marks the third time the justices have reversed a panel of the Ninth US Circuit Court of Appeals in the same case, Cavazos v. Smith (10-1115).
The case involves the conviction of Shirley Ree Smith for allegedly shaking and killing 7-week-old Etzel. At her 1997 trial, jurors heard conflicting testimony about whether the infant died of shaken baby syndrome (SBS) or of sudden infant death syndrome (SIDS). The jury decided that Ms. Smith had caused the death. She was subsequently sentenced to serve 15 years to life in prison.
The verdict was upheld by the trial judge, a state appeals court, and a federal judge. But the Ninth Circuit panel disagreed with the jury’s interpretation of the evidence, and reversed the conviction.


