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SMITH v. PATRICK

No. 04-55831.

508 F.3d 1256 (2007)

Shirley Ree SMITH, Petitioner-Appellant, v. Deborah L. PATRICK, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2007.

Attorney(s) appearing for the Case

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

Kristofer Jorstad, 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.

PER CURIAM:

Shirley Ree Smith was convicted in California state court of assault on a child resulting in death. The state court of appeal affirmed her conviction, and the California Supreme Court denied review. Smith then filed a federal habeas petition claiming that her conviction violated due process because the evidence was constitutionally insufficient. The district court denied the petition and Smith appealed. We reversed and directed issuance of the writ.

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