Smith v. Curry, No. 07-16875 - U.S. Ninth Circuit
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Smith v. Curry, No. 07-16875

In a burglary prosecution, a grant of petitioner's habeas petition is affirmed where a state court's approval of the trial court's instruction, directing the jurors to the evidence the judge believed supported conviction, crossed the boundary from appropriate encouragement to exercise the duty to deliberate in order to reach a unanimous verdict, and went into the forbidden territory of coercing a particular verdict on the basis of the judge's selective view of the evidence.

Read Smith v. Curry, No. 07-16875

Appellate Information

Argued September 24, 2007

Submitted September 8, 2009

Judges

Opinion by Judge Schroeder

Dissent by Judge Smith

Counsel

For Petitioner:

David M. Porter, Federal Defender, Sacramento, CA

For Respondents:

David A. Eldridge, Department of Justice, Sacramento, CA