U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

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


Opinion by Judge Schroeder

Dissent by Judge Smith


For Petitioner:

David M. Porter, Federal Defender, Sacramento, CA

For Respondents:

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