SMITH v. MITCHELL

No. 04-55831.

437 F.3d 884 (2006)

Shirley Ree SMITH, Petitioner-Appellant, v. Gwendolyn MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2006.


Attorney(s) appearing for the Case

Michael J. Brennan, Manhattan Beach, CA, for the petitioner-appellant.

Richard T. Breen, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before HARRY PREGERSON and WILLIAM C. CANBY, JR., Circuit Judges, and EDWARD C. REED, JR., District Judge.


CANBY, Circuit Judge.

Shirley Ree Smith appeals the district court's denial of her habeas corpus petition. The State of California convicted Smith of assault on a child resulting in death. The state courts affirmed her conviction. Smith then filed this federal habeas petition claiming that her conviction violated due process because the evidence was constitutionally insufficient. On appeal, Smith focuses her argument almost exclusively on the absence of constitutionally...

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