text:
    No. 11-5810.
    In re Mark C. Jackson, Petitioner.
    565 U.S. 941, 132 S. Ct. 419,
    181 L. Ed. 2d 290,
    2011 U.S. LEXIS 7195.
    October 11, 2011.
   Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of mandamus dismissed. See Rule 39.8.

Justice Kagan took no part in the consideration or decision of this motion and this petition.


source: Caselaw Access Project

license: Public Domain

text:
    No. 11-173.
    In re Jason Blaine Phillips, Petitioner.
    565 U.S. 941, 132 S. Ct. 413,
    181 L. Ed. 2d 291,
    2011 U.S. LEXIS 7244.
    October 11, 2011.
   Petition for writ of prohibition denied.


text:
    No. 10-8709.
    Robert Lee Bean, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
    565 U.S. 960, 132 S. Ct. 447,
    181 L. Ed. 2d 291,
    2011 U.S. LEXIS 7225.
    October 11, 2011.
   Motion for leave to file a petition for rehearing denied.

Former decision, 563 U.S. 919, 131 S. Ct. 1817, 179 L. Ed. 2d 776, 2011 U.S. LEXIS 2692.


text:
    No. 10-10612.
    Michael Dennis Olds, Petitioner v. United States.
    565 U.S. 961, 132 S. Ct. 452,
    181 L. Ed. 2d 291,
    2011 U.S. LEXIS 7456.
    October 17, 2011.
   On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of Tapia v. United States, 564 U.S. 319, 131 S. Ct. 2382, 180 L. Ed. 2d 357 (2011).

Same case below, 420 Fed. Appx. 260.


text:
    No. 11-5829.
    Steven M. Jacob, Petitioner v. Robert P. Houston, Director, Nebraska Department of Correctional Services.
    565 U.S. 961, 132 S. Ct. 457,
    181 L. Ed. 2d 291,
    2011 U.S. LEXIS 7525.
    October 17, 2011.
   Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit dismissed. See Rule 39.8.


text:
    No. 11-6085.
    Mindy Zied-Campbell, Petitioner v. Estelle Richman, Secretary, Pennsylvania Department of Public Welfare, et al.
    565 U.S. 961, 132 S. Ct. 464,
    181 L. Ed. 2d 291,
    2011 U.S. LEXIS 7478.
    October 17, 2011.
   Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the United States Court of Appeals for the Third Circuit dismissed. See Rule 39.8.

Same case below, 428 Fed. Appx. 224.


text:
    No. 11M36.
    Dwayne McFadden, Petitioner v. United States.
    565 U.S. 961, 132 S. Ct. 472,
    181 L. Ed. 2d 291,
    2011 U.S. LEXIS 7571.
    October 17, 2011.
   Motion to direct the Clerk to file a petition for writ of certiorari out of time denied.


text:
    No. 10-895.
    Rafael Arriaza Gonzalez, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
    565 U.S. 961, 132 S. Ct. 472,
    181 L. Ed. 2d 292,
    2011 U.S. LEXIS 7512.
    October 17, 2011.
   Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 10-8974.
    Barion Perry, Petitioner v. New Hampshire.
    565 U.S. 961, 132 S. Ct. 472,
    181 L. Ed. 2d 292,
    2011 U.S. LEXIS 7479.
    October 17, 2011.
   Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 10-1491.
    Esther Kiobel, Individually and on Behalf of Her Late Husband, Dr. Barinem Kiobel, et al., Petitioners v. Royal Dutch Petroleum Co., et al.
    565 U.S. 961, 132 S. Ct. 472,
    181 L. Ed. 2d 292,
    2011 U.S. LEXIS 7522.
    October 17, 2011.
   Motion of International Law Scholars for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted, and case is to be argued in tandem with No. 11-88, Mohamad, Individually and for the Estate of Rahim, Deceased, et al. v. Palestinian Authority, et al., infra.

Same case below, 621 F.3d 111.


text:
    No. 11-45.
    Michael B. Elgin, et al., Petitioners v. Department of the Treasury, et al.
    565 U.S. 962, 132 S. Ct. 453,
    181 L. Ed. 2d 292,
    2011 U.S. LEXIS 7552.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the First Circuit granted.

Same case below, 641 F.3d 6.


text:
    No. 11-88.
    Asid Mohamad, Individually and for the Estate of Azzam Rahim, Deceased, et al., Petitioners v. Palestinian Authority, et al.
    565 U.S. 962, 132 S. Ct. 454,
    181 L. Ed. 2d 292,
    2011 U.S. LEXIS 7581.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted, and case is to be argued in tandem with No. 10-1491, Kiobel, Individually and on Behalf of Her Late Husband Kiobel, et al. v. Royal Dutch Petroleum Co., et al., supra.

Same case below, 394 U.S. App. D.C. 277, 634 F.3d 604.


text:
    No. 11-210.
    United States, Petitioner v. Xavier Alvarez.
    565 U.S. 962, 132 S. Ct. 457,
    181 L. Ed. 2d 292,
    2011 U.S. LEXIS 7481.
    October 17, 2011.
   Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

Same case below, 617 F.3d 1198.


text:
    No. 10-1010.
    Kenneth Jamal Lighty, Petitioner v. United States.
    565 U.S. 962, 132 S. Ct. 451,
    181 L. Ed. 2d 293,
    2011 U.S. LEXIS 7501.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 616 F.3d 321.


text:
    No. 10-1426.
    Tracy Busch, Petitioner v. United States.
    565 U.S. 962, 132 S. Ct. 452,
    181 L. Ed. 2d 293,
    2011 U.S. LEXIS 7545.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Same case below, 411 Fed. Appx. 872.


text:
    No. 10-8807.
    Lorenzo Anthony Wilson, Petitioner v. United States.
    565 U.S. 962, 132 S. Ct. 451,
    181 L. Ed. 2d 293,
    2011 U.S. LEXIS 7551.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 624 F.3d 640.


text:
    No. 10-9333.
    Wei Qin Sun, Petitioner v. United States.
    565 U.S. 962, 132 S. Ct. 451,
    181 L. Ed. 2d 293,
    2011 U.S. LEXIS 7523.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 399 Fed. Appx. 319.


text:
    No. 10-9445.
    Rene Pacheco-Garcia, Petitioner v. United States.
    565 U.S. 962, 132 S. Ct. 451,
    181 L. Ed. 2d 293,
    2011 U.S. LEXIS 7491.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 403 Fed. Appx. 941.


text:
    No. 10-9746.
    Ricardo Guerrero-Campos, Petitioner v. United States.
    565 U.S. 962, 132 S. Ct. 451,
    181 L. Ed. 2d 293,
    2011 U.S. LEXIS 7508.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 405 Fed. Appx. 919.


text:
    No. 10-10340.
    Jamie Wesevich, Petitioner v. United States.
    565 U.S. 962, 132 S. Ct. 451,
    181 L. Ed. 2d 293,
    2011 U.S. LEXIS 7550.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 414 Fed. Appx. 620.


text:
    No. 10-10487.
    Brian McClendon, Petitioner v. Dave Rednour, Warden.
    565 U.S. 962, 132 S. Ct. 452,
    181 L. Ed. 2d 293,
    2011 U.S. LEXIS 7580.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.


text:
    No. 10-10544.
    Steven Mason, Petitioner v. New York.
    565 U.S. 963, 132 S. Ct. 452,
    181 L. Ed. 2d 294,
    2011 U.S. LEXIS 7461.
    October 17, 2011.
   Petition for writ of certiorari to the Court of Appeals of New York denied.

Same case below, 16 N.Y.3d 145, 920 N.Y.S.2d 254, 945 N.E.2d 447.


text:
    No. 10-10814.
    Jonathan Lee Gentry, Petitioner v. Stephen D. Sinclair, Superintendent, Washington State Penitentiary.
    565 U.S. 963, 132 S. Ct. 453,
    181 L. Ed. 2d 294,
    2011 U.S. LEXIS 7528.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Washington denied.

Same case below, 170 Wash. 2d 711, 245 P.3d 766.


text:
    No. 10-10944.
    Reginald Rabb, Petitioner v. New York.
    565 U.S. 963, 132 S. Ct. 453,
    181 L. Ed. 2d 294,
    2011 U.S. LEXIS 7592.
    October 17, 2011.
   Petition for writ of certiorari to the Court of Appeals of New York denied.

Same case below, 16 N.Y.3d 145, 920 N.Y.S.2d 254, 945 N.E.2d 447.


text:
    No. 10-11097.
    Randall Wayne Mays, Petitioner v. Texas.
    565 U.S. 963, 132 S. Ct. 453,
    181 L. Ed. 2d 294,
    2011 U.S. LEXIS 7483.
    October 17, 2011.
   Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.


text:
    No. 11-58.
    Ira Willie Gentry, Jr., Petitioner v. United States.
    565 U.S. 963, 132 S. Ct. 453,
    181 L. Ed. 2d 294,
    2011 U.S. LEXIS 7537.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 633 F.3d 788.


text:
    No. 11-69.
    Thomas Douglas Arthur, Petitioner v. Alabama.
    565 U.S. 963, 132 S. Ct. 453,
    181 L. Ed. 2d 294,
    2011 U.S. LEXIS 7538.
    October 17, 2011.
   Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied.

Same case below, 71 So. 3d 733.


text:
    No. 11-181.
    Michael McWilliams, Petitioner v. Destin Holiday Beach Resort, et al.
    565 U.S. 963, 132 S. Ct. 454,
    181 L. Ed. 2d 294,
    2011 U.S. LEXIS 7527.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Florida denied.

Same case below, 58 So. 3d 261.


text:
    No. 11-183.
    Seneca Telephone Company, Petitioner v. Miami Tribe of Oklahoma, dba White Loon Construction Company.
    565 U.S. 963, 132 S. Ct. 454,
    181 L. Ed. 2d 295,
    2011 U.S. LEXIS 7509.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Oklahoma denied.

Same case below, 253 P.3d 53.


text:
    No. 11-185.
    Leon R. Koziol, Petitioner v. Grievance Committee of the Fifth Judicial District of New York.
    565 U.S. 963, 132 S. Ct. 455,
    181 L. Ed. 2d 295,
    2011 U.S. LEXIS 7455.
    October 17, 2011.
   Petition for writ of certiorari to the Court of Appeals of New York denied.

Same case below, 16 N.Y.3d 853, 922 N.Y.S.2d 267, 947 N.E.2d 159.


text:
    No. 11-186.
    Michael S. Kimm, Petitioner v. Shin Auk Kang.
    565 U.S. 963, 132 S. Ct. 455,
    181 L. Ed. 2d 295,
    2011 U.S. LEXIS 7521.
    October 17, 2011.
   Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.


text:
    No. 11-187.
    ZL Technologies Inc., Petitioner v. Gartner Group, Inc., et al.
    565 U.S. 963, 132 S. Ct. 455,
    181 L. Ed. 2d 295,
    2011 U.S. LEXIS 7579.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 433 Fed. Appx. 547.


text:
    No. 11-188.
    Margaret A. Quinn, Petitioner v. Nafta Traders, Inc.
    565 U.S. 963, 132 S. Ct. 455,
    181 L. Ed. 2d 295,
    2011 U.S. LEXIS 7489.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Texas denied.

Same case below, 339 S.W.3d 84.


text:
    No. 11-193.
    USI MidAtlantic, Inc., et al., Petitioners v. William A. Graham Company, dba The Graham Company.
    565 U.S. 963, 132 S. Ct. 456,
    181 L. Ed. 2d 295,
    2011 U.S. LEXIS 7454.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Same case below, 646 F.3d 138.


text:
    No. 11-201.
    John Kliesh, Petitioner v. Select Portfolio Servicing, Inc., et al.
    565 U.S. 963, 132 S. Ct. 457,
    181 L. Ed. 2d 295,
    2011 U.S. LEXIS 7534,
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Same case below, 419 Fed. Appx. 268.


text:
    No. 11-203.
    Robert E. Poles, Petitioner v. Marcia J. Sikowitz.
    565 U.S. 964, 132 S. Ct. 457,
    181 L. Ed. 2d 295,
    2011 U.S. LEXIS 7559,
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.


text:
    No. 11-219.
    Sandi D. Jackson, as Next Friend and Parent of Keely A. Jackson, a Minor Child Under the Age of Eighteen Years Old, Petitioner v. Rashondalyn Nixon, et al.
    565 U.S. 964, 132 S. Ct. 462,
    181 L. Ed. 2d 296,
    2011 U.S. LEXIS 7477.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Same case below, 469 Fed. Appx. 411.


text:
    No. 11-271.
    Norris Speed, Petitioner v. Hilton Hall, Warden.
    565 U.S. 964, 132 S. Ct. 464,
    181 L. Ed. 2d 296,
    2011 U.S. LEXIS 7517.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Georgia denied.


text:
    No. 11-289.
    John L. Cheek, Petitioner v. Suzanne Jennings, et al.
    565 U.S. 964, 132 S. Ct. 465,
    181 L. Ed. 2d 296,
    2011 U.S. LEXIS 7492.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Virginia denied.


text:
    No. 11-303.
    Paul Abbott, et al., Petitioners v. Daniel Guenther.
    565 U.S. 964, 132 S. Ct. 465,
    181 L. Ed. 2d 296,
    2011 U.S. LEXIS 7457.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 421 Fed. Appx. 312.


text:
    No. 11-317.
    Fabiola Is Ra El Bey, Petitioner v. Mark R. Kravitz, Judge, United States District Court for the District of Connecticut, et al.; and Fabiola Derisme, Petitioner v. Bank of America, National Association.
    565 U.S. 964, 132 S. Ct. 466,
    181 L. Ed. 2d 296,
    2011 U.S. LEXIS 7557.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.


text:
    No. 11-323.
    Rigoberto Gomez-Gomez, Petitioner v. United States.
    565 U.S. 964, 132 S. Ct. 466,
    181 L. Ed. 2d 296,
    2011 U.S. LEXIS 7530.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Same case below, 643 F.3d 463.


text:
    No. 11-5302.
    Lynwood Carlton Farmer, Petitioner v. United States.
    565 U.S. 964, 132 S. Ct. 454,
    181 L. Ed. 2d 296,
    2011 U.S. LEXIS 7569.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Same case below, 419 Fed. Appx. 163.


text:
    No. 11-5343.
    Magdaleno Gonsales Campos, Petitioner v. United States.
    565 U.S. 964, 132 S. Ct. 454,
    181 L. Ed. 2d 296,
    2011 U.S. LEXIS 7554.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 424 Fed. Appx. 906.


text:
    No. 11-5393.
    Jose Savillon-Matute, Petitioner v. United States.
    565 U.S. 964, 132 S. Ct. 454,
    181 L. Ed. 2d 297,
    2011 U.S. LEXIS 7464.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 636 F.3d 119.


text:
    No. 11-5803.
    Scott M. Boger, Petitioner v. S. K. Young, Warden.
    565 U.S. 964, 132 S. Ct. 455,
    181 L. Ed. 2d 297,
    2011 U.S. LEXIS 7578.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 432 Fed. Appx. 279.


text:
    No. 11-5804.
    Richard Lonnie Booker, Petitioner v. California.
    565 U.S. 964, 132 S. Ct. 455,
    181 L. Ed. 2d 297,
    2011 U.S. LEXIS 7514.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of California denied.

Same case below, 51 Cal. 4th 141, 245 P.3d 366.


text:
    No. 11-5811.
    Chivous Robinson, Petitioner v. Joe Easterling, Warden.
    565 U.S. 964, 132 S. Ct. 456,
    181 L. Ed. 2d 297,
    2011 U.S. LEXIS 7548.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Same case below, 424 Fed. Appx. 439.


text:
    No. 11-5816.
    Clarence Wayne Dixon, Petitioner v. Arizona.
    565 U.S. 964, 132 S. Ct. 456,
    181 L. Ed. 2d 297,
    2011 U.S. LEXIS 7463.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Arizona denied.

Same case below, 226 Ariz. 545, 250 P.3d 1174.


text:
    No. 11-5817.
    Damon T. Wilson, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
    565 U.S. 965, 132 S. Ct. 456,
    181 L. Ed. 2d 297,
    2011 U.S. LEXIS 7515.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.


text:
    No. 11-5820.
    Confesor Vazquez Riquelme, Petitioner v. Oneida de Jesus, et al.
    565 U.S. 965, 132 S. Ct. 457,
    181 L. Ed. 2d 297,
    2011 U.S. LEXIS 7474.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Puerto Rico denied.


text:
    No. 11-5828.
    James Lofton, Petitioner v. Henry Steward, Warden.
    565 U.S. 965, 132 S. Ct. 457,
    181 L. Ed. 2d 297,
    2011 U.S. LEXIS 7516.
    October 17, 2011.
   Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Western Division, denied.


text:
    No. 11-5843.
    Joe V. Wright, Petitioner v. Old Castle Glass Inc., et al.
    565 U.S. 965, 132 S. Ct. 458,
    181 L. Ed. 2d 298,
    2011 U.S. LEXIS 7533.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.


text:
    No. 11-5845.
    Arseles D. Miller, Petitioner v. Kenneth S. Tucker, Secretary, Florida Department of Corrections, et al.
    565 U.S. 965, 132 S. Ct. 473,
    181 L. Ed. 2d 298,
    2011 U.S. LEXIS 7589.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.


text:
    No. 11-5850.
    Roy Hunt, Jr., Petitioner v. Harold W. Clarke, Director, Virginia Department of Corrections.
    565 U.S. 965, 132 S. Ct. 458,
    181 L. Ed. 2d 298,
    2011 U.S. LEXIS 7568.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 421 Fed. Appx. 268.


text:
    No. 11-5860.
    Jimmy Fletcher Meders, Petitioner v. Hilton Hall, Warden.
    565 U.S. 965, 132 S. Ct. 458,
    181 L. Ed. 2d 298,
    2011 U.S. LEXIS 7490.
    October 17, 2011.
   Petition for writ of certiorari to the Superior Court of Georgia, Butts County, denied.


text:
    No. 11-5861.
    David Mendez, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
    565 U.S. 965, 132 S. Ct. 458,
    181 L. Ed. 2d 298,
    2011 U.S. LEXIS 7531.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.


text:
    No. 11-5869.
    Alphonso Cave, Petitioner v. Kenneth S. Tucker, Secretary, Florida Department of Corrections, et al.
    565 U.S. 965, 132 S. Ct. 473,
    181 L. Ed. 2d 298,
    2011 U.S. LEXIS 7460.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 638 F.3d 739.


text:
    No. 11-5873.
    Tony B. Gaskins, Petitioner v. Ronald T. Duval.
    565 U.S. 965, 132 S. Ct. 458,
    181 L. Ed. 2d 298,
    2011 U.S. LEXIS 7544.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

Same case below, 640 F.3d 443.


text:
    No. 11-5878.
    Raymond Moliere, Petitioner v. Burl Cain, Warden.
    565 U.S. 965, 132 S. Ct. 458,
    181 L. Ed. 2d 298,
    2011 U.S. LEXIS 7536.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.


text:
    No. 11-5879.
    Milford Wilson, Petitioner v. Steve Trevino, Acting Warden.
    565 U.S. 965, 132 S. Ct. 459,
    181 L. Ed. 2d 299,
    2011 U.S. LEXIS 7503.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.


text:
    No. 11-5881.
    Noah Monroe Tidwell, Petitioner v. Freddie Butler, Warden, et al.
    565 U.S. 965, 132 S. Ct. 459,
    181 L. Ed. 2d 299,
    2011 U.S. LEXIS 7486.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 415 Fed. Appx. 979.


text:
    No. 11-5883.
    Renee D. Bell, Petitioner v. HCR Manor Care Facility of Winter Park, et al.
    565 U.S. 965, 132 S. Ct. 459,
    181 L. Ed. 2d 299,
    2011 U.S. LEXIS 7470.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 432 Fed. Appx. 908.


text:
    No. 11-5887.
    Darryl J’Eronn, Petitioner v. California.
    565 U.S. 966, 132 S. Ct. 459,
    181 L. Ed. 2d 299,
    2011 U.S. LEXIS 7566.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of California denied.


text:
    No. 11-5891.
    Sidney R. Miller, Petitioner v. In the Matter of the Application of the County Treasurer for Judgment and Order of Sale Against Lands and Lots Returned Delinquent for Non-Payment of General Taxes and/or Special Assessment.
    565 U.S. 966, 132 S. Ct. 459,
    181 L. Ed. 2d 299,
    2011 U.S. LEXIS 7458,
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.


text:
    No. 11-5895.
    Curtis Edward Cook, Petitioner v. Texas.
    565 U.S. 966, 132 S. Ct. 459,
    181 L. Ed. 2d 299,
    2011 U.S. LEXIS 7561.
    October 17, 2011.
   Petition for writ of certiorari to the Court of Appeals of Texas, Twelfth District, denied.


text:
    No. 11-5898.
    Victor B. White, Petitioner v. FNU Smereka, et al.
    565 U.S. 966, 132 S. Ct. 460,
    181 L. Ed. 2d 299,
    2011 U.S. LEXIS 7558.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 410 Fed. Appx. 714.


text:
    No. 11-5900.
    Elena Strujan, Petitioner v. Teachers College of Columbia University, et al.
    565 U.S. 966, 132 S. Ct. 460,
    181 L. Ed. 2d 299,
    2011 U.S. LEXIS 7540.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.


text:
    No. 11-5902.
    John Mingo, Petitioner v. William Lee, Superintendent, Green Haven Correctional Facility.
    565 U.S. 966, 132 S. Ct. 460,
    181 L. Ed. 2d 300,
    2011 U.S. LEXIS 7467.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.


text:
    No. 11-5904.
    Scott Brian Steffler, Petitioner v. Rick Coursey, Superintendent, Eastern Oregon Correctional Institution.
    565 U.S. 966, 132 S. Ct. 460,
    181 L. Ed. 2d 300,
    2011 U.S. LEXIS 7498.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Oregon denied.


text:
    No. 11-5905.
    Marvin Alexis Rodriguez-Barrera, Petitioner v. Virginia.
    565 U.S. 966, 132 S. Ct. 460,
    181 L. Ed. 2d 300,
    2011 U.S. LEXIS 7565.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Virginia denied.


text:
    No. 11-5906.
    Devin Reed, Petitioner v. Illinois.
    565 U.S. 966, 132 S. Ct. 460,
    181 L. Ed. 2d 300,
    2011 U.S. LEXIS 7526.
    October 17, 2011.
   Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

Same case below, 405 Ill. App. 3d 279, 344 Ill. Dec. 930, 938 N.E.2d 199.


text:
    No. 11-5908.
    Young Bok Song, Petitioner v. Brett M. Gipson, et al.
    565 U.S. 966, 132 S. Ct. 461,
    181 L. Ed. 2d 300,
    2011 U.S. LEXIS 7541.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Same case below, 423 Fed. Appx. 506.


text:
    No. 11-5909.
    James Anthony, Petitioner v. Florida.
    565 U.S. 966, 132 S. Ct. 461,
    181 L. Ed. 2d 300,
    2011 U.S. LEXIS 7472.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Florida denied.

Same case below, 64 So. 3d 1260.


text:
    No. 11-5913.
    Jarey Stewart, Petitioner v. James A. Yates, Warden, et al.
    565 U.S. 966, 132 S. Ct. 461,
    181 L. Ed. 2d 300,
    2011 U.S. LEXIS 7562.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.


text:
    No. 11-5915.
    Willie Rabb, Petitioner v. Georgia Pacific, LLC, et al.
    565 U.S. 966, 132 S. Ct. 461,
    181 L. Ed. 2d 300,
    2011 U.S. LEXIS 7462,
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.


text:
    No. 11-5918.
    Mitchell Craig Blocker, Petitioner v. Mike Martell, Warden.
    565 U.S. 966, 132 S. Ct. 461,
    181 L. Ed. 2d 301,
    2011 U.S. LEXIS 7524.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.


text:
    No. 11-5920.
    Alan Pearson, Petitioner v. Trinity Yachts, et al.
    565 U.S. 967, 132 S. Ct. 461,
    181 L. Ed. 2d 301,
    2011 U.S. LEXIS 7476.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Mississippi denied.


text:
    No. 11-5922.
    Roger Arias, Petitioner v. Texas.
    565 U.S. 967, 132 S. Ct. 461,
    181 L. Ed. 2d 301,
    2011 U.S. LEXIS 7542.
    October 17, 2011.
   Petition for writ of certiorari to the Court of Appeals of Texas, Fourth District, denied.


text:
    No. 11-5933.
    Taylor Glenn Wells, Petitioner v. Florida.
    565 U.S. 967, 132 S. Ct. 462,
    181 L. Ed. 2d 301,
    2011 U.S. LEXIS 7465.
    October 17, 2011.
   Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied.

Same case below, 64 So. 3d 1279.


text:
    No. 11-5961.
    Rickey Todd Major, Petitioner v. E. K. McDaniel, Warden.
    565 U.S. 967, 132 S. Ct. 462,
    181 L. Ed. 2d 301,
    2011 U.S. LEXIS 7584.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 436 Fed. Appx. 805.


text:
    No. 11-5977.
    Nick Bradley Mennick, Petitioner v. Jeff Zmuda, Warden.
    565 U.S. 967, 132 S. Ct. 462,
    181 L. Ed. 2d 301,
    2011 U.S. LEXIS 7563.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 438 Fed. Appx. 564.


text:
    No. 11-5979.
    Evivian Sanchez, Petitioner v. Suffolk County Probation Department.
    565 U.S. 967, 132 S. Ct. 462,
    181 L. Ed. 2d 301,
    2011 U.S. LEXIS 7546,
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.


text:
    No. 11-5994.
    Zoanne Zeininger, Petitioner v. Massachusetts.
    565 U.S. 967, 132 S. Ct. 462,
    181 L. Ed. 2d 301,
    2011 U.S. LEXIS 7499.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

Same case below, 459 Mass. 775, 947 N.E.2d 1060.


text:
    No. 11-6005.
    Steven L. Greenleaf, Petitioner v. Florida.
    565 U.S. 967, 132 S. Ct. 463,
    181 L. Ed. 2d 302,
    2011 U.S. LEXIS 7547.
    October 17, 2011.
   Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

Same case below, 63 So. 3d 763.


text:
    No. 11-6040.
    Dennis Walker DeBerry, Petitioner v. Leary Davis, et al.
    565 U.S. 967, 132 S. Ct. 463,
    181 L. Ed. 2d 302,
    2011 U.S. LEXIS 7500.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 428 Fed. Appx. 253.


text:
    No. 11-6043.
    Troy Connelly, Petitioner v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al.
    565 U.S. 967, 132 S. Ct. 463,
    181 L. Ed. 2d 302,
    2011 U.S. LEXIS 7469.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.


text:
    No. 11-6064.
    Rodney Carson, Petitioner v. Stuart Hudson, Warden.
    565 U.S. 967, 132 S. Ct. 463,
    181 L. Ed. 2d 302,
    2011 U.S. LEXIS 7556.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Same case below, 421 Fed. Appx. 560.


text:
    No. 11-6073.
    Mohammad Bhatti, Petitioner v. Collector of Revenue of the City of St. Louis, Missouri, et al.
    565 U.S. 967, 132 S. Ct. 463,
    181 L. Ed. 2d 302,
    2011 U.S. LEXIS 7590.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Missouri denied.

Same case below, 334 S.W.3d 444.


text:
    No. 11-6083.
    Roy L. Ellis, Petitioner v. Nebraska.
    565 U.S. 967, 132 S. Ct. 463,
    181 L. Ed. 2d 302,
    2011 U.S. LEXIS 7570.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Nebraska denied.

Same case below, 281 Neb. 571, 799 N.W.2d 267.


text:
    No. 11-6088.
    Michael Drawbaugh, Petitioner v. Pennsylvania.
    565 U.S. 967, 132 S. Ct. 464,
    181 L. Ed. 2d 302,
    2011 U.S. LEXIS 7506.
    October 17, 2011.
   Petition for writ of certiorari to the Superior Court of Pennsylvania, Harrisburg Office, denied.

Same case below, 23 A.3d 563.


text:
    No. 11-6119.
    Gilbert Washington, Petitioner v. School Board of Hillsborough County.
    565 U.S. 967, 132 S. Ct. 473,
    181 L. Ed. 2d 302,
    2011 U.S. LEXIS 7585,
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.


text:
    No. 11-6121.
    Rodney Edrice Gunn Ash, Petitioner v. Joseph Nish, et al.
    565 U.S. 968, 132 S. Ct. 464,
    181 L. Ed. 2d 303,
    2011 U.S. LEXIS 7553,
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.


text:
    No. 11-6124.
    Juan Manuel Chavez, Petitioner v. Randy Grounds, Warden.
    565 U.S. 968, 132 S. Ct. 464,
    181 L. Ed. 2d 303,
    2011 U.S. LEXIS 7583.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.


text:
    No. 11-6151.
    Michael McInerney, Petitioner v. Lakes Crossing Center.
    565 U.S. 968, 132 S. Ct. 464,
    181 L. Ed. 2d 303,
    2011 U.S. LEXIS 7586.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Nevada denied.

Same case below, 127 Nev. 1159, 373 P.3d 941.


text:
    No. 11-6162.
    Timothy D. Clark, Petitioner v. Kenneth S. Tucker, Secretary, Florida Department of Corrections, et al.
    565 U.S. 968, 132 S. Ct. 473,
    181 L. Ed. 2d 303,
    2011 U.S. LEXIS 7543.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.


text:
    No. 11-6166.
    Steven Anthony Graham, Petitioner v. L. Fuertes Rosario, et al.
    565 U.S. 968, 132 S. Ct. 465,
    181 L. Ed. 2d 303,
    2011 U.S. LEXIS 7513.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 430 Fed. Appx. 226.


text:
    No. 11-6173.
    Robert R. Heffernan, Petitioner v. Grant Harris, Deputy Director, Arkansas Department of Correction, et al.
    565 U.S. 968, 132 S. Ct. 465,
    181 L. Ed. 2d 303,
    2011 U.S. LEXIS 7485.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Same case below, 419 Fed. Appx. 706.


text:
    No. 11-6251.
    Elbert Walker, Petitioner v. Mitchell County Board of Commissioners.
    565 U.S. 968, 132 S. Ct. 465,
    181 L. Ed. 2d 303,
    2011 U.S. LEXIS 7532.
    October 17, 2011.
   Petition for writ of certiorari to the Supreme Court of Georgia denied.


text:
    No. 11-6252.
    Alquan Muslim, Petitioner v. Michelle R. Ricci, Administrator, New Jersey State Prison, et al.
    565 U.S. 968, 132 S. Ct. 465,
    181 L. Ed. 2d 303,
    2011 U.S. LEXIS 7496.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.


text:
    No. 11-6268.
    Ronald L. Tsosie, Petitioner v. Michael Garrett, Warden, et al.
    565 U.S. 968, 132 S. Ct. 466,
    181 L. Ed. 2d 304,
    2011 U.S. LEXIS 7471.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 409 Fed. Appx. 262.


text:
    No. 11-6292.
    David Rodriguez, Petitioner v. Vernon L. Lewis, et al.
    565 U.S. 968, 132 S. Ct. 466,
    181 L. Ed. 2d 304,
    2011 U.S. LEXIS 7577.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 427 Fed. Appx. 352.


text:
    No. 11-6320.
    Kenneth G. Thompson, Petitioner v. United States.
    565 U.S. 968, 132 S. Ct. 473,
    181 L. Ed. 2d 304,
    2011 U.S. LEXIS 7519.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 430 Fed. Appx. 805.


text:
    No. 11-6343.
    Ildefonso Maldonado-Gonzales, aka Gabriel Rivera-Vega, Petitioner v. United States.
    565 U.S. 968, 132 S. Ct. 466,
    181 L. Ed. 2d 304,
    2011 U.S. LEXIS 7529.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 444 Fed. Appx. 632.


text:
    No. 11-6346.
    Glenn L. Williams, Petitioner v. Darlene Drew, Warden.
    565 U.S. 968, 132 S. Ct. 466,
    181 L. Ed. 2d 304,
    2011 U.S. LEXIS 7511.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 415 Fed. Appx. 480.


text:
    No. 11-6347.
    Steven A. Voneida, Petitioner v. United States.
    565 U.S. 968, 132 S. Ct. 467,
    181 L. Ed. 2d 304,
    2011 U.S. LEXIS 7555.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.


text:
    No. 11-6350.
    Krisztian Takacs, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 467,
    181 L. Ed. 2d 304,
    2011 U.S. LEXIS 7575.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

Same case below, 424 Fed. Appx. 73.


text:
    No. 11-6352.
    Andrew Cox, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 467,
    181 L. Ed. 2d 304,
    2011 U.S. LEXIS 7587.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 391 Fed. Appx. 756.


text:
    No. 11-6358.
    Dickinson Norman Adionser, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 467,
    181 L. Ed. 2d 305,
    2011 U.S. LEXIS 7539.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 417 Fed. Appx. 305.


text:
    No. 11-6362.
    Shevel M. Foy, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 467,
    181 L. Ed. 2d 305,
    2011 U.S. LEXIS 7487.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Same case below, 641 F.3d 455.


text:
    No. 11-6368.
    Yvonne Marie Fountain, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 468,
    181 L. Ed. 2d 305,
    2011 U.S. LEXIS 7459.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 416 Fed. Appx. 304.


text:
    No. 11-6369.
    Juan Gonzalez, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 468,
    181 L. Ed. 2d 305,
    2011 U.S. LEXIS 7593.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 429 Fed. Appx. 909.


text:
    No. 11-6370.
    Brandon Howard Griffin, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 468,
    181 L. Ed. 2d 305,
    2011 U.S. LEXIS 7574.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Same case below, 418 Fed. Appx. 574.


text:
    No. 11-6371.
    Frank Keith Goodman, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 468,
    181 L. Ed. 2d 305,
    2011 U.S. LEXIS 7473.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 649 F.3d 197.


text:
    No. 11-6374.
    Hermes Adonay Guillen, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 468,
    181 L. Ed. 2d 305,
    2011 U.S. LEXIS 7502.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 436 Fed. Appx. 816.


text:
    No. 11-6376.
    Anthony Hopson, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 468,
    181 L. Ed. 2d 305,
    2011 U.S. LEXIS 7507.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Same case below, 412 Fed. Appx. 532.


text:
    No. 11-6379.
    Antonio Velasquez, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 468,
    181 L. Ed. 2d 306,
    2011 U.S. LEXIS 7572.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Same case below, 424 Fed. Appx. 600.


text:
    No. 11-6389.
    Geronimo Hernandez-Herrera, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 469,
    181 L. Ed. 2d 306,
    2011 U.S. LEXIS 7573.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 429 Fed. Appx. 382.


text:
    No. 11-6401.
    Hector Mario Galindo, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 469,
    181 L. Ed. 2d 306,
    2011 U.S. LEXIS 7582.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.


text:
    No. 11-6404.
    Kevin Anthony Hickman, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 469,
    181 L. Ed. 2d 306,
    2011 U.S. LEXIS 7518.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 626 F.3d 756.


text:
    No. 11-6412.
    Stephfon Cover, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 469,
    181 L. Ed. 2d 306,
    2011 U.S. LEXIS 7493.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.


text:
    No. 11-6421.
    Eusebio Vela, Petitioner v. United States.
    565 U.S. 969, 132 S. Ct. 469,
    181 L. Ed. 2d 306,
    2011 U.S. LEXIS 7468.
    October 17, 2011.
   Petition for writ of

certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 430 Fed. Appx. 288.


text:
    No. 11-6423.
    Gary Kevin Adkins, Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 470,
    181 L. Ed. 2d 306,
    2011 U.S. LEXIS 7591.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Same case below, 429 Fed. Appx. 471.


text:
    No. 11-6431.
    Froilan Cardenas, Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 470,
    181 L. Ed. 2d 306,
    2011 U.S. LEXIS 7549.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.


text:
    No. 11-6434.
    Tae H. Chon, Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 470,
    181 L. Ed. 2d 307,
    2011 U.S. LEXIS 7520.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Same case below, 434 Fed. Appx. 730.


text:
    No. 11-6435.
    Andre Chung, Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 470,
    181 L. Ed. 2d 307,
    2011 U.S. LEXIS 7482.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 428 Fed. Appx. 906.


text:
    No. 11-6437.
    Donald Dickerson, Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 470,
    181 L. Ed. 2d 307,
    2011 U.S. LEXIS 7588.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.


text:
    No. 11-6452.
    Tommy Ray Elam, Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 470,
    181 L. Ed. 2d 307,
    2011 U.S. LEXIS 7495.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 438 Fed. Appx. 593.


text:
    No. 11-6453.
    William J. Erickson, Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 471,
    181 L. Ed. 2d 307,
    2011 U.S. LEXIS 7466.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 640 F.3d 1288.


text:
    No. 11-6457.
    Bruce Wayne Miller, Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 471,
    181 L. Ed. 2d 307,
    2011 U.S. LEXIS 7560.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 434 Fed. Appx. 287.


text:
    No. 11-6466.
    Tony Blancarte, Jr., Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 471,
    181 L. Ed. 2d 307,
    2011 U.S. LEXIS 7535.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 428 Fed. Appx. 455.


text:
    No. 11-6468.
    Richard Fleming, Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 471,
    181 L. Ed. 2d 307,
    2011 U.S. LEXIS 7484.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.


text:
    No. 11-6469.
    Timothy Wayne Thompson, Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 471,
    181 L. Ed. 2d 307,
    2011 U.S. LEXIS 7564.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 426 Fed. Appx. 148.


text:
    No. 11-6473.
    Douglas Marcel Meeks, Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 471,
    181 L. Ed. 2d 308,
    2011 U.S. LEXIS 7488.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Same case below, 639 F.3d 522.


text:
    No. 11-6486.
    Carlos Edmundo Jackson-Plascencia, Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 472,
    181 L. Ed. 2d 308,
    2011 U.S. LEXIS 7475.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 414 Fed. Appx. 954.


text:
    No. 11-6495.
    Terence C. Ridley, Petitioner v. United States.
    565 U.S. 970, 132 S. Ct. 472,
    181 L. Ed. 2d 308,
    2011 U.S. LEXIS 7505.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 436 Fed. Appx. 238.


text:
    No. 10-1404.
    No. 10-1420.
    United States, Petitioner v. New York, et al. Oneida Indian Nation of New York, et al., Petitioners v. County of Oneida, New York, et al.
    565 U.S. 970, 132 S. Ct. 452,
    181 L. Ed. 2d 308,
    2011 U.S. LEXIS 7567.
    October 17, 2011.
   Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. Justice Ginsburg and Justice Sotomayor would grant the petitions for writs of certiorari.

Same cases below, 617 F.3d 114.


text:
    No. 10-1510.
    Prison Legal News, Petitioner v. Executive Office for United States Attorneys.
    565 U.S. 971, 132 S. Ct. 473,
    181 L. Ed. 2d 308,
    2011 U.S. LEXIS 7480.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Justice Kagan took no part in the consideration or decision of this petition.

Same case below, 628 F.3d 1243.


text:
    No. 11-189.
    Colony Cove Properties, LLC, Petitioner v. City of Carson, California, et al.
    565 U.S. 971, 132 S. Ct. 456,
    181 L. Ed. 2d 308,
    2011 U.S. LEXIS 7510.
    October 17, 2011.
   Motion of Cato Institute, et al. for leave to file a brief as amici curiae granted. Motion of Western Manufactured Housing Communities Association for leave to file a brief as amicus curiae granted. Petition for writ of certio-rari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 640 F.3d 948.


text:
    No. 11-6359.
    Demorris Tyrese Allen, Petitioner v. United States.
    565 U.S. 971, 132 S. Ct. 467,
    181 L. Ed. 2d 309,
    2011 U.S. LEXIS 7504.
    October 17, 2011.
   Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Kagan took no part in the consideration or decision of this petition.

Same case below, 421 Fed. Appx. 285.


text:
    No. 11-5868.
    In re Antoine Peters, Petitioner.
    565 U.S. 961, 132 S. Ct. 458,
    181 L. Ed. 2d 309,
    2011 U.S. LEXIS 7576.
    October 17, 2011.
   Petition for writ of mandamus denied.


text:
    No. 11-6392.
    In re Lenwood Davies, Petitioner.
    565 U.S. 961, 132 S. Ct. 469,
    181 L. Ed. 2d 309,
    2011 U.S. LEXIS 7497.
    October 17, 2011.
   Petition for writ of mandamus and/or prohibition denied.


text:
    No. 11-133 (R46-001).
    Ralph Rausch, Petitioner v. United States.
    565 U.S. 971, 132 S. Ct. 474,
    181 L. Ed. 2d 309,
    2011 U.S. LEXIS 7594.
    October 19, 2011.
   The petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit in the above-entitled case was dismissed today pursuant to Rule 46 of the Rules of this Court.

Same case below, 638 F.3d 1296.


text:
    No. 11-6057 (R46-002).
    Roger Lynn Loyd, Petitioner v. Georgia.
    565 U.S. 971, 132 S. Ct. 474,
    181 L. Ed. 2d 309,
    2011 U.S. LEXIS 7595.
    October 20, 2011.
   The petition for writ of certiorari to the Supreme Court of Georgia in the above-entitled case was dismissed today pursuant to Rule 46.1 of the Rules of this Court.

Same case below, 288 Ga. 481, 705 S.E.2d 616.


text:
    No. 11A412.
    M.H., Applicant v. United States.
    565 U.S. 971, 132 S. Ct. 474,
    181 L. Ed. 2d 309,
    2011 U.S. LEXIS 7596.
    October 25, 2011.
   Application for stay, presented to Justice Kennedy, and by him referred to the Court, denied.


text:
    No. 11-7054 (11A432).
    Frank Martinez Garcia, Petitioner v. Texas.
    565 U.S. 972, 132 S. Ct. 474,
    181 L. Ed. 2d 309,
    2011 U.S. LEXIS 7597.
    October 27, 2011.
   Application for stay of execution of sentence of death, presented to Justice Scalia, and by him referred to the Court, denied. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.


text:
    No. 10-224.
    National Meat Association, Petitioner v. Kamala D. Harris, Attorney General of California, et al.
    565 U.S. 972, 132 S. Ct. 474,
    181 L. Ed. 2d 309,
    2011 U.S. LEXIS 7599.
    October 28, 2011.
   Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. Motion of respondents The Humane Society of the United States, et al. for divided argument denied.


text:
    No. 10-879.
    Gloria Gail Kurns, Executrix of the Estate of George M. Corson, Deceased, et al., Petitioners v. Railroad Friction Products Corporation, et al.
    565 U.S. 972, 132 S. Ct. 474,
    181 L. Ed. 2d 310,
    2011 U.S. LEXIS 7602.
    October 28, 2011.
   Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.


text:
    No. 10-1211.
    Panagis Vartelas, Petitioner v. Eric H. Holder, Jr., Attorney General.
    565 U.S. 972, 132 S. Ct. 475,
    181 L. Ed. 2d 310,
    2011 U.S. LEXIS 7598.
    October 28, 2011.
   Motion of petitioner to dispense with printing the joint appendix granted.


text:
    No. 10-1261.
    Credit Suisse Securities (USA) LLC, et al., Petitioners v. Vanessa Simmonds.
    565 U.S. 972, 132 S. Ct. 475,
    181 L. Ed. 2d 310,
    2011 U.S. LEXIS 7601.
    October 28, 2011.
   Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. The Chief Justice took no part in the consideration or decision of this motion.


text:
    No. 10-7387.
    Monroe Ace Setser, Petitioner v. United States.
    565 U.S. 972, 132 S. Ct. 475,
    181 L. Ed. 2d 310,
    2011 U.S. LEXIS 7600.
    October 28, 2011.
   Motion of the Solicitor General for divided argument granted.


author: Per Curiam. Justice Ginsburg,

text:
    [565 U.S. 1]
    JAVIER CAVAZOS, ACTING WARDEN, Petitioner v SHIRLEY REE SMITH
    565 U.S. 1, 132 S. Ct. 2,
    181 L. Ed. 2d 311,
    2011 U.S. LEXIS 7603
    [No. 10-1115]
    Decided October 31, 2011.
   OPINION OF THE COURT

[565 U.S. 2]

Per Curiam.

The opinion of the Court in Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979), makes clear that it is the responsibility of the jury—not the court—to decide what conclusions should be drawn from evidence admitted at trial. A reviewing court may set aside the jury’s verdict on the ground of insufficient evidence only if no rational trier of fact could have agreed with the jury. What is more, a federal court may not overturn a state court decision rejecting a sufficiency of the evidence challenge simply because the federal court disagrees with the state court. The federal court instead may do so only if the state court decision was “objectively unreasonable.” Renico v. Lett, 559 U.S. 766, 773, 130 S. Ct. 1855, 176 L. Ed. 2d 678 (2010) (internal quotation marks omitted).

Because rational people can sometimes disagree, the inevitable consequence of this settled law is that judges will sometimes encounter convictions that they believe to be mistaken, but that they must nonetheless uphold. The Court of Appeals in this case substituted its judgment for that of a California jury on the question whether the prosecution’s or the defense’s expert witnesses more persuasively explained the cause of a death. For this reason, certiorari is granted and the judgment of the Court of Appeals is reversed.

This case concerns the death of 7-week-old Etzel Glass. On November 29, 1996, Etzel’s mother, Tomeka, put Etzel to sleep on a sofa before going to sleep herself in another room. Respondent Shirley Ree Smith—Tome-ka’s mother—slept on

[565 U.S. 3]

the floor next to Etzel. Several hours later, Smith ran into Tomeka’s room, holding Etzel, who was limp, and told her that “[s]omething [was] wrong with Etzel.” Tr. 416. By the time emergency officials arrived, Etzel was not breathing and had no heartbeat. Smith reported that she thought Etzel had fallen off the sofa. The officials’ efforts to resuscitate Etzel failed.

Doctors initially attributed Etzel’s death to sudden infant death syndrome (SIDS), the customary diagnosis when an infant shows no outward signs of trauma. But after an autopsy, the coroner concluded that the cause of death was instead shaken baby syndrome (SBS). When a social worker informed Smith of that finding, Smith told her that Etzel had not responded to her touch while sleeping, so she had picked him up and given him “a little shake, a jostle” to wake him. Id., at 842. According to the social worker, Smith then said something to the effect of, “Oh, my God. Did I do it? Did I do it? Oh, my God.” Id., at 847 (internal quotation marks omitted). In an interview with the police a few days later, Smith said that she had shaken Etzel, but then she corrected herself and said that she had twisted him to try to elicit a reaction. Smith was arrested and charged with assault on a child resulting in death. See Cal. Penal Code Ann. § 273ab (West 2008) ( “Any person who, having the care or custody of a child who is under eight years of age, assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child’s death, shall be punished by imprisonment ...”).

At trial, the jury heard seven days of expert medical testimony on the cause of Etzel’s death. The prosecution offered three experts, each of whom attested that Etzel’s death was the result of SBS—not SIDS, as the defense contended. The first expert, Dr. Eugene Carpenter, was the medical examiner for the Los Angeles County coroner who had supervised Etzel’s autopsy. Dr. Carpenter is board certified in forensic, anatomic, and clinical pathology. He testified that

[565 U.S. 4]

Etzel’s autopsy revealed recent hemorrhages in the brain, and he opined that the bleeding and other features of Etzel’s pathology, including a bruise and abrasion on the lower back of the baby’s head, were consistent with violent shaking. Dr. Carpenter identified two means by which shaking can result in a baby’s death: The first is that the shaking causes blood vessels in the brain to tear, creating a pool of blood that pushes the brain downward into the spinal canal, resulting in death but little direct damage to the brain. The second is that the shaking itself is sufficiently severe that the brain directly tears in vital areas, causing death with very little bleeding. Dr. Carpenter testified that Etzel’s injuries were consistent with the latter pathology. He also explained that the injuries could not be attributed to either a fall from the sofa or the administration of cardiopulmonary resuscitation. Nor, according to Dr. Carpenter, was it possible that Etzel perished from SIDS, given the signs of internal trauma. Dr. Carpenter did testify, however, that while SBS victims often suffer retinal hemorrhaging, Etzel’s autopsy revealed no such injury.

The prosecution’s second expert, Dr. Stephanie Erlich, was the associate deputy medical examiner who actually performed Etzel’s autopsy. She is board certified in anatomic pathology and neuropathology. She corroborated Dr. Carpenter’s testimony about the autopsy findings, and added that a followup neuropathological examination of Etzel’s brain confirmed the existence of recent hemorrhaging. Noting only a minimal amount of new blood in Etzel’s brain, she testified that the cause of death was direct trauma to the brainstem. On cross-examination, she agreed with defense counsel that retinal hemorrhaging (absent in Etzel’s case) is present in 75 to 80 percent of SBS cases.

The third prosecution expert, Dr. David Chadwick, is board certified in pediatrics and the author of articles on childhood death by abusive trauma. He testified that Etzel’s

[565 U.S. 5]

injuries were consistent with SBS and that old trauma could not have been the cause of the child’s death.

The defense called two experts to dispute these conclusions. The first, pathologist Dr. Richard Siegler, testified that Etzel died from brain trauma, but that it was not the result of SBS, given the lack of retinal hemorrhaging. He admitted on cross-examination, however, that an absence of retinal hemorrhaging does not exclude a finding of SBS. He also acknowledged that he did not believe the cause of Etzel’s death was SIDS. According to Dr. Siegler, Etzel died from old trauma, an opinion he reached on the basis of studying photographs of the neuropathological examination.

The other defense expert, pediatric neurologist Dr. William Goldie, testified that Etzel’s death was due to SIDS. He noted that Etzel was born with jaundice, a heart murmur, and low birth weight—making him more susceptible to SIDS. Dr. Goldie testified that pathologists had not been able to determine the cause of Etzel’s death and that the bleeding could be attributed to the resuscitation efforts.

The jury found Smith guilty. Concluding that the jury “carefully weighed” the “tremendous amount of evidence” supporting the verdict, Tr. 1649, the trial judge denied Smith’s motion for a new trial and sentenced her to an indeterminate term of 15 years to life in prison.

On direct review, Smith contended that the evidence was not sufficient to establish that Etzel died from SBS. After thoroughly reviewing the competing medical testimony, the California Court of Appeal rejected this claim, concluding:

“The expert opinion evidence we have summarized was conflicting. It was for the jury to resolve the conflicts. The credited evidence was substantial and sufficient to support the jury’s conclusion that Etzel died from shaken baby syndrome. The conviction is supported by substantial evidence.” People v. Smith, No. B118869 (Feb. 10, 2000), App. K to Pet. for Cert. 86.

[565 U.S. 6]

The California Supreme Court denied review. App. J, id., at 74.

Smith then filed this petition for a writ of habeas corpus with the United States District Court for the Central District of California, renewing her claim that the evidence was insufficient to prove that Etzel died of SBS. Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 110 Stat. 1214, that court had no power to afford relief unless Smith could show either that the California Court of Appeal’s decision affirming the conviction “was contrary to, or involved an unreasonable application of,” clearly established federal law as reflected in the holdings of this Court’s cases, 28 U.S.C. § 2254(d)(1), or that it “was based on an unreasonable determination of the facts” in light of the state court record, § 2254(d)(2). Harrington v. Richter, 562 U.S. 86, 100, 131 S. Ct. 770, 178 L. Ed. 2d 624 (2011).

The Magistrate Judge to whom the case was assigned issued a report acknowledging that “[t]his is not the typical shaken baby case” and that the evidence against Smith “raises many questions.” App. I to Pet. for Cert. 65. But the Magistrate Judge nevertheless concluded that the evidence was “clearly sufficient to support a conviction.” Ibid. The District Court adopted the Magistrate Judge’s report and denied the petition. App. G, id., at 52.

On appeal, the Ninth Circuit reversed with instructions to grant the writ. Smith v. Mitchell, 437 F.3d 884 (2006). Despite the plenitude of expert testimony in the trial record concluding that sudden shearing or tearing of the brainstem was the cause of Etzel’s death, the Ninth Circuit determined that there was “no evidence to permit an expert conclusion one way or the other” on that question because there was “no physical evidence of. . . tearing or shearing, and no other evidence supporting death by violent shaking.” Id., at 890. The court said that the State’s experts “reached [their] conclusion because there was no evidence in the brain itself of the cause of death.” Ibid. (emphasis in original). The

[565 U.S. 7]

court concluded that because “[a]bsence of evidence cannot constitute proof beyond a reasonable doubt,” ibid., the California Court of Appeal had “unreasonably applied” this Court’s opinion in Jackson v. Virginia in upholding Smith’s conviction, 437 F.3d, at 890.

That conclusion was plainly wrong. Jackson says that evidence is sufficient to support a conviction so long as “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” 443 U.S., at 319, 99 S. Ct. 2781, 61 L. Ed. 2d 560. It also unambiguously instructs that a reviewing court “faced with a record of historical facts that supports conflicting inferences must presume—even if it does not affirmatively appear in the record— that the trier of fact resolved any such conflicts in favor of the prosecution, and must defer to that resolution.” Id., at 326, 99 S. Ct. 2781, 61 L. Ed. 2d 560. When the deference to state court decisions required by § 2254(d) is applied to the state court’s already deferential review, see Renico, 559 U.S., at 778, 130 S. Ct. 1855, 176 L. Ed. 2d 678, there can be no doubt of the Ninth Circuit’s error below.

The jury was presented with competing views of how Etzel died. It was made aware of the various experts’ qualifications and their familiarity with both the subject of SBS and the physical condition of Etzel’s body. It observed the attorneys for each party cross-examine the experts and elicit concessions from them. The State’s experts, whom the jury was entitled to believe, opined that the physical evidence was consistent with, and best explained by, death from sudden tearing of the brainstem caused by shaking. The Ninth Circuit’s assertion that these experts “reached [their] conclusion because there was no evidence in the brain itself of the cause of death” is simply false. There was “evidence in the brain itself.” The autopsy revealed indications of recent trauma to Etzel’s brain, such as sub-dural and subarachnoid hemorrhaging, hemorrhaging around the optic nerves, and the presence of a blood clot between the brain’s hemispheres.

[565 U.S. 8]

The autopsy also revealed a bruise and abrasion on the lower back of Etzel’s head. These affirmative indications of trauma formed the basis of the experts’ opinion that Etzel died from shaking so severe that his brain-stem tore.

Defense counsel made certain that the jury understood that the prosecution’s experts were unable to identify the precise point of tearing itself. But as Judge Bea noted in his dissent from the Ninth Circuit’s denial of rehearing en banc, the experts explained why the location of the tear was undetectable: “Etzel’s death happened so quickly that the effects of the trauma did not have time to develop.” Smith v. Mitchell, 453 F.3d 1203, 1207 (2006). According to the prosecutions’ experts, there was simply no opportunity for swelling to occur around the brainstem before Etzel died.

In light of the evidence presented at trial, the Ninth Circuit plainly erred in concluding that the jury’s verdict was irrational, let alone that it was unreasonable for the California Court of Appeal to think otherwise. See § 2254(d). Doubts about whether Smith is in fact guilty are understandable. But it is not the job of this Court, and was not that of the Ninth Circuit, to decide whether the State’s theory was correct. The jury decided that question, and its decision is supported by the record.

It is said that Smith, who already has served years in prison, has been punished enough, and that she poses no danger to society. These or other considerations perhaps would be grounds to seek clemency, a prerogative granted to executive authorities to help ensure that justice is tempered by

[565 U.S. 9]

mercy. It is not clear to the Court whether this process has been invoked, or, if so, what its course has been. It is not for the Judicial Branch to determine the standards for this discretion. If the clemency power is exercised in either too generous or too stingy a way, that calls for political correctives, not judicial intervention.

The decision below cannot be allowed to stand. This Court vacated and remanded this judgment twice before, calling the panel’s attention to this Court’s opinions highlighting the necessity of deference to state courts in § 2254(d) habeas cases. Each time the panel persisted in its course, reinstating its judgment without seriously confronting the significance of the cases called to its attention. See Patrick v. Smith, 550 U.S. 915, 127 S. Ct. 2126, 167 L. Ed. 2d 861 (vacating and remanding in light of Carey v. Musladin, 549 U.S. 70, 127 S. Ct. 649, 166 L. Ed. 2d 482 (2006)), reinstated on remand, 508 F.3d 1256 (2007) (per curiam); 558 U.S. 1143, 130 S. Ct. 1134, 175 L. Ed. 2d 967 (2010) (vacating and remanding in light of McDaniel v. Brown, 558 U.S. 120, 130 S. Ct. 665, 175 L. Ed. 2d 582 (2010) (per curiam)), reinstated on remand sub nom. Smith v. Mitchell, 624 F.3d 1235 (2010) (per curiam). Its refusal to do so necessitates this Court’s action today.

The petition for a writ of certiorari and respondent’s motion to proceed in forma pauperis are granted. The judgment of the Court of Appeals for the Ninth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion,

It is so ordered.

SEPARATE OPINION

Justice Ginsburg,

with whom Justice Breyer and Justice Sotomayor join, dissenting.

The Court’s summary disposition of this case, in my judgment, is a misuse of discretion. I set out below my reasons for concluding that discretion, soundly exercised, would have occasioned denial of California’s petition for review.

The Magistrate Judge who reviewed respondent Shirley Ree Smith’s habeas corpus petition in the first instance concluded,

[565 U.S. 10]

as the Court does today, that relief was unwarranted. He observed, however, that the evidence, “though clearly sufficient to support a conviction, raises many questions”:

“Grandmothers, especially those not serving as the primary caretakers, are not the typical perpetrators [in shaken baby cases]. Further, [Smith] was helping her daughter raise her other children (a [4-year-old] and a 14-month-old) and there was no hint of [Smith] abusing or neglecting these other children, who were in the room with Etzel when he died. Still further, there was no evidence of any precipitating event that might have caused [Smith] to snap and assault her grandson. She was not trapped in a hopeless situation with a child she did not want or love. Nor was she forced to single-handedly care for a baby that had been crying all day and all night. In fact, there is no evidence that Etzel was doing anything other than sleeping the night he died. In addition, [Smith’s] daughter [Tomeka], Etzel’s mother, was in the room next door when Etzel died. The medical evidence was not typical either, in that some of the telltale signs usually found in shaken baby cases did not exist in this case.” Smith v. Mitchell, Case No. CV 01-4484-ABC (CD Cal., Mar. 22, 2004), p. 10, App. I to Pet. for Cert. 65.

The District Court adopted the Magistrate Judge’s recommendation to deny Smith’s petition, but granted a certificate of appealability, recognizing that “reasonable jurists would find the [court’s] assessment of [Smith’s] claims debatable.” Order in No. CV 01-4484-ABC (CD Cal., Apr. 29, 2004), Doc. 36, p. 1.

After full briefing and argument, the Ninth Circuit reversed the District Court’s judgment. The Court of Appeals acknowledged the limitations on its authority. “We approach this case,” the court said, “with a firm awareness of the very strict limits that the [Antiterrorism and Effective

[565 U.S. 11]

Death Penalty Act of 1996 (AEDPA)] places on our collateral review of state criminal convictions.” Smith v. Mitchell, 437 F.3d 884, 888-889 (CA9 2006). Accurately describing the standards applicable under AEDPA and Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979), and reviewing the evidence in some detail, the court concluded that “ [i]n this most unusual case, . . . the [California] Court of Appeal unreasonably applied Jackson.” 437 F. 3d, at 889.

Beyond question, the Court today reviews a case as tragic as it is extraordinary and fact intensive. By taking up the case, one may ask, what does the Court achieve other than to prolong Smith’s suffering and her separation from her family Is this Court’s intervention really necessary? Our routine practice counsels no.

Error correction is “outside the mainstream of the Court’s functions.” E. Gressman, K. Geller, S. Shapiro, T. Bishop, & E. Hartnett, Supreme Court Practice § 5.12(c)(3), p. 351 (9th ed. 2007). As this Court’s Rule 10 informs, “[a] petition for a writ of certiorari is rarely granted when the asserted error [is] . . . the misapplication of a properly stated rule of law.” The Ninth Circuit correctly described the relevant legal rules under AEDPA and Jackson v. Virginia. This Court, therefore, has no law clarifying role to play. Its summary adjudication seems to me all the more untoward for these reasons: What is now known about shaken baby syndrome (SBS) casts grave doubt on the charge leveled against Smith; and uncontradicted evidence shows that she poses no danger whatever to her family or anyone else in society.

I turn first to the medical evidence presented at trial. Dr. Carpenter, the autopsy supervisor, testified that the following symptoms are consistent with, but not required for, a diagnosis of SBS: cerebral edema, subdural hemorrhage, retinal hemorrhage, bleeding at the joints of the back of the neck, bruises on the arms, fractures of the ribs, and internal injuries to the buttocks, abdominal organs, and chest organs. Tr. 575. Few of these signs of SBS were present here. Etzel’s

[565 U.S. 12]

subdural hemorrhage and sub-arachnoid hemorrhage were “minimal,” insufficient to cause death. Id., at 540-541, 557-558, 675, 693, 700, 729, 1484-1485. There was no brain swelling and no retinal hemorrhage in either eye. Id., at 580, 693, 802, 1274. Similarly absent were any fractures, sprains, bleeding in the joints, or displacement of joints. Id., at 682. A “tiny” abrasion on the skin and a corresponding bruise under the scalp did not produce brain trauma. Id., at 555, 562, 576, 712-713.

These findings led Dr. Carpenter, the autopsy supervisor, and Dr. Erlich, who performed Etzel’s autopsy, to rule out two commonly proffered causes of death in SBS cases: massive bleeding and massive swelling that create pressure and push the brain downward. Id., at 541, 551-552, 729-730, 801. Instead, they opined, Etzel’s death was caused by direct injury—shearing or tearing of the brain stem or the brain itself. Id., at 694-696, 729-730, 801, 1298. The autopsy revealed no physical evidence of such injury, either grossly or microscopically. Id., at 730, 763, 803-804, 1298-1299. Dr. Carpenter was unable to state which particular areas of the brain were injured, and the neuropa-thologist found no evidence of specific brain injury. Id., at 696, 1475. No doctor located any tear. Indeed, the examining physicians did not cut open Etzel’s brain stem, or submit it to neuropathology, because, in their own estimation, “[w]e wouldn’t have seen anything anyway.” Id., at 803, 1299.

Neither doctor testified to ever having performed an autopsy on an infant in which a similar conclusion was reached. Nor did either physician point to any medical literature supporting their belief that shearing or tearing of the brainstem

[565 U.S. 13]

or the brain itself caused Etzel’s death. Id., at 694-696, 801-802. Dr. Carpenter nevertheless maintained that when there is subdural hemorrhage without signs of external trauma to the head or skull, the injury is necessarily caused by violent shaking. Id., at 576-577, 660-661. Smith’s conviction thus turned on, as Dr. Erlich put it, “direct trauma which we don’t see to the brainstem.” Id., at 801. That this gave the Ninth Circuit pause is understandable. Dr. Erlich herself conceded that “[i]t is a difficult concept to absorb.” Id., at 1298.

Reason to suspect the Carpenter-Erlich thesis has grown in the years following Smith’s 1997 trial. Doubt has increased in the medical community “over whether infants can be fatally injured through shaking alone.” State v. Edmunds, 2008 WI App. 33, ¶ 15, 308 Wis. 2d 374, 385, 746 N.W.2d 590, 596. See, e.g., Donohoe, Evidence Based Medicine and Shaken Baby Syndrome, Part I: Literature Review, 1966-1998, 24 Am. J. Forensic Med. & Pathology 239, 241 (2003) (By the end of 1998, it had become apparent that “there was inadequate scientific evidence to come to a firm conclusion on most aspects of causation, diagnosis, treatment, or any other matters pertaining to SBS,” and that “the commonly held opinion that the finding of [subdural hemorrhage] and [retinal hemorrhage] in an infant was strong evidence of SBS was unsustainable.”); Bandak, Shaken Baby Syndrome: A Biomechanics Analysis of Injury Mechanisms, 151 Forensic Sci. Int’l 71, 78 (2005) (“Head acceleration and velocity levels commonly reported for SBS generate forces that are far too great for the infant neck to withstand without injury. . . . [A]n SBS diagnosis in an infant . . . without cervical spine or brain stem injury is questionable and other causes of the intracerebral injury must be considered.”); Minns, Shaken Baby Syndrome: Theoretical and Evidential Controversies, 35 J. Royal College of Physicians of Edinburgh 5, 10 (2005) (“[D]iagnosing ‘shaking’ as a mechanism of injury ... is not possible, because these are unwitnessed injuries that may

[565 U.S. 14]

be incurred by a whole variety of mechanisms solely or in combination.”); Uscinski, Shaken Baby Syndrome: An Odyssey, 46 Neurol. Med. Chir. (Tokyo) 57, 59 (2006) (“[T]he hypothetical mechanism of manually shaking infants in such a way as to cause intracranial injury is based on a misinterpretation of an experiment done for a different purpose, and contrary to the laws of injury biomechanics as they apply specifically to the infant anatomy.”); Leestma, Case Analysis of Brain-Injured Admittedly Shaken Infants, 54 Cases, 1969-2001, 26 Am. J. Forensic Med. & Pathology 199, 211 (2005) (“[M]ost of the pathologies in allegedly shaken babies are due to impact injuries to the head and body.”); Squier, Shaken Baby Syndrome: The Quest for Evidence, 50 Developmental Med. & Child Neurol. 10, 13 (2008) (“[H]ead impacts onto carpeted floors and steps from heights in the 1 to 3 feet range result in far greater . . . forces and accelerations than shaking and slamming onto either a sofa or a bed.”).

In light of current information, it is unlikely that the prosecution’s experts would today testify as adamantly as they did in 1997. Noteworthy in this regard, prosecution witnesses Carpenter and Erlich testified that the belated diagnosis of old (i. e., chronic) blood in Etzel’s brain and around his optic nerves did not change their initial cause-of-death findings, because rebleeding of old subdural blood does not occur in infants. Tr. 608-609, 672-673, 721-722, 771, 776, 1269-1270, 1283. Recent scientific opinion undermines this testimony. See Miller & Miller, Overrepre-sentation of Males in Traumatic Brain Injury of Infancy and in Infants with Macrocephaly, 31 Am. J. Forensic Med. & Pathology 165, 170 (2010) (“Small, asymptomatic [subdural he-matomas] from the normal trauma of the birth process can spontaneously rebleed or rebleed with minimal forces, enlarge, and then present with clinical symptoms and [subdural he-matoma, retinal hemorrhages, and neurologic dysfunction] in the first year of life. . . . [This situation] mimic[s] child abuse, and we believe many such infants in the past have been mistakenly

[565 U.S. 15]

diagnosed as victims of child abuse, when they were likely not.”). What is now known about SBS hypotheses seems to me worthy of considerable weight in the discretionary decision whether to take up this tragic case.

I consider next the State’s meager nonmedical evidence. There was no evidence whatever that Smith abused her grandchildren in the past or acted with any malicious intent on the night in question. Instead, the evidence indicated that Smith was warmhearted, sensitive, and gentle. Tr. 1086. As earlier observed, see supra, at 10, 181 L. Ed. 2d, at 318, the Magistrate Judge noted the absence of any motive or precipitating event that might have led Smith to shake Etzel violently. Although shaking may quiet a crying child, Tr. 601, no evidence showed that Etzel was crying in the hours before he died, id., at 444. To the contrary: Any loud crying likely would have woken Etzel’s siblings, Yondale, age 14 months, and Yolanda, age 4, asleep only feet away, even Etzel’s mother, Tomeka, asleep in the neighboring room. Id., at 335, 358-361. Yet no one’s slumber was disturbed. Id., at 358-361.

The prosecution relied on the testimony of a social worker, who asserted that Smith, after hearing that the cause of Etzel’s death had been changed from Sudden Infant Death Syndrome (SIDS) to SBS, id., at 840, and after stating that she had given Etzel “a little shake, a jostle to awaken him” when she found him unresponsive, asked “something like ‘Oh, my God. Did I do it? Did I do it? Oh, my God.’” Id., at 842, 847. Etzel’s mother, Tomeka, contradicted this account. According to Tomeka, after the social worker accused Smith of killing Etzel, Smith started crying, id., at 429-430, and responded, “No, I didn’t,” id., at 387. Taking the social worker’s version of events as true, Smith’s distraught and equivocal question fairly cannot be equated to a confession of guilt. Giving a baby “a little shake, a jostle to wake him,”

[565 U.S. 16]

ante, at 3, 181 L. Ed. 2d, at 314 (internal quotation marks omitted), after finding him unexpectedly unresponsive, surely is not an admission to shaking a child violently, causing his brainstem to tear.

Moreover, Smith’s counsel, Ubiwe Eriye, represented her poorly at trial. In a case as trying as this one, competent counsel might have persuaded the jury to disbelieve the prosecution’s case. A few examples from the record are illustrative. At the suppression hearing, the presiding judge was so disturbed about Eriye’s preparation for trial that he remarked to the defendant, “Miss Smith, I’m scared.” Tr. A52. Eriye badly mispor-trayed the burden of proof when he declared, both at the suppression hearing and in his opening remarks, that he would prove, beyond a shadow of a doubt, that Smith was not guilty. Id., at A58-A59, 213. The two experts Eriye called presented testimony that hardly meshed.

In sum, this is a notably fact bound case in which the Court of Appeals unquestionably stated the correct rule of law. It is thus “the type of case in which we are most inclined to deny certiorari.” Kyles v. Whitley, 514 U.S. 419, 460, 115 S. Ct. 1555, 131 L. Ed. 2d 490 (1995) (Scalia, J., dissenting). Nevertheless, the Court is bent on rebuking the Ninth Circuit for what it conceives to be defiance of our prior remands. See ante, at 9, 181 L. Ed. 2d. at 317-318.1 would not ignore Smith’s plight and choose her case as a fit opportunity to teach the Ninth Circuit a lesson.

But even if granting review qualified as a proper exercise of our discretionary authority, I would resist summary reversal of the Court of Appeals’ decision. The fact intensive character of the case calls for attentive review of the record,

[565 U.S. 17]

including a trial transcript that runs over 1,500 pages. Careful inspection of the record would be aided by the adversarial presentation that full briefing and argument afford. See, e.g., R. Fallon, J. Manning, D. Meltzer, D. Shapiro, Hart and Wechsler’s The Federal Courts and the Federal System 1480 (6th ed. 2009) (posing question whether summary reversal would “smack of unfairness to the losing party unless an opportunity were afforded for the filing of briefs on the merits”); Gressman, Supreme Court Practice § 6.12(c), p. 417, and n. 46 (questioning the Court’s reliance on its own examination of the record in summarily reversing, without at least affording the parties, “particularly the respondent,” an opportunity to brief the critical issue and identify the relevant portions of the record). Peremptory disposition, in my judgment, is all the more inappropriate given the grave consequences of upsetting the judgment below: Smith, who has already served ten years, will be returned to prison to complete a sentence of fifteen years to life. Before depriving Smith of the liberty she currently enjoys, and her family of her care, I would at least afford her a full opportunity to defend her release from a decade’s incarceration.

For the reasons stated, justice is not served by the Court’s exercise of discretion to take up this tragic, fact-bound case. I would therefore deny the petition for review.

       The dissent’s review of the evidence presented to the jury over seven days is precisely the sort of reweighing of facts that is precluded by Jackson v. Virginia, 443 U.S. 307, 324, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979), and precisely the sort of second-guessing of a state court decision applying Jackson that is precluded by AEDPA, 28 U.S.C. § 2254(d). The dissent’s views on how “adamantly” experts would testify today as opposed to at the time of trial, post, at 14, 181 L. Ed. 2d, at 320 (opinion of Ginsburg, J.), are of course pure speculation, as would be any views on how a jury would react to less adamant testimony.

      . The State’s third expert, Dr. Chadwick, who was not present at Etzel’s autopsy, testified that there may have been some swelling. But he conceded that any swelling could not have caused death. Tr. 1478.

      . Dr. Chadwick mentioned new methods, not then standard in medical examiners’ offices and not used here, which may reveal this type of brainstem damage. Id., at 1448, 1481-1482.

      . The social worker also testified that Etzel’s mother, Tomeka, told Smith: “If it wasn’t for you this wouldn’t have happened.’’ Id., at 847. Tomeka denied making any statement to that effect. Id., at 389.

      . Eriye has since resigned from the California Bar with discipline charges pending.

      . Dr. Goldie testified that the old blood in Etzel’s brain did not contribute to his death, and Etzel died of SIDS. Id., at 994-995, 1403. In contrast, Dr. Siegler testified that the old blood provided the basis for his conclusion that Etzel died of an earlier brain trauma, id., at 1152-1153, 1166-1167, not SIDS, id., at 1193-1194.


author: Per Curiam.

text:
    [565 U.S. 18]
    KPMG LLP, Petitioner v ROBERT COCCHI et al.
    565 U.S. 18, 132 S. Ct 23,
    181 L. Ed. 2d 323,
    2011 U.S. LEXIS 7924
    [No. 10-1521]
    Decided November 7, 2011.
   OPINION OF THE COURT

[565 U.S. 19]

Per Curiam.

Agreements to arbitrate that fall within the scope and coverage of the Federal Arbitration Act (Act), 9U.S.C. § 1 et seq., must be enforced in state and federal courts. State courts, then, “have a prominent role to play as enforcers of agreements to arbitrate.” Vaden v. Discover Bank, 556 U.S. 49, 59, 129 S. Ct. 1262, 173 L. Ed. 2d 206 (2009).

The Act has been interpreted to require that if a dispute presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even if this will lead to piecemeal litigation. See Dean Witter Reynolds Inc. v. Byrd, 470 U.S. 213, 217, 105 S. Ct. 1238, 84 L. Ed. 2d 158 (1985). From this it follows that state and federal courts must examine with care the complaints seeking to invoke their jurisdiction in order to separate arbitrable from nonarbitrable claims. A court may not issue a blanket refusal to compel arbitration merely on the grounds that some of the claims could be resolved by the court without arbitration. See ibid.

In this case the Fourth District Court of Appeal of the State of Florida upheld a trial court’s refusal to compel arbitration of respondents’ claims after determining that two of the four claims in a complaint were nonarbi-trable. Though the matter is not altogether free from doubt, a fair reading of the opinion indicates a likelihood that the Court of Appeal failed to determine whether the other two claims in the complaint were arbi-trable. For this reason, the judgment of the Court of Appeal is vacated, and the case is remanded for further proceedings.

Respondents are 19 individuals and entities who bought limited partnership interests in one of three limited partnerships, all known as the Rye Funds. The Rye Funds were managed by Tremont Group Holding, Inc., and Tremont Partners, Inc., both of which were audited by KPMG. The Rye Funds were invested with financier Bernard Madoff

[565 U.S. 20]

and allegedly lost millions of dollars as a result of a scheme to defraud. Respondents sued the Rye Funds, the Tremont defendants, and Tremont’s auditing firm, KPMG.

Only the claims against KPMG are at issue in this case. Against KPMG, respondents alleged four causes of action: negligent misrepresentation; violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.201 et seq. (2010); professional malpractice; and aiding and abetting a breach of fiduciary duty. Respondents’ basic theory was that KPMG failed to use proper auditing standards with respect to the financial statements of the partnerships. These improper audits, respondents contend, led to “substantial misrepresentations” about the health of the funds and resulted in respondents’ investment losses. 51 So. 3d 1165, 1168 (Fla. App. 2010).

KPMG moved to compel arbitration based on the audit services agreement that existed between it and the Tre-mont defendants. That agreement provided that “[a]ny dispute or claim arising out of or relating to . . . the services provided [by KPMG] . . . (including any dispute or claim involving any person or entity for whose benefit the services in question are or were provided) shall be resolved” either by mediation or arbitration. App. to Pet. for Cert. 63a. The Florida Circuit Court of the Fifteenth Judicial Circuit Palm Beach County denied the motion.

The Court of Appeal affirmed, noting that “[n]one of the plaintiffs . . . expressly assented in any fashion to [the audit services agreement] or the arbitration provision.” 51 So. 3d, at 1168. Thus, the court found, the arbitration clause could only be enforced if respondents’ claims were derivative in that they arose from the services KPMG performed for the Tremont defendants pursuant to the audit services agreement. Applying Delaware law, which both parties agreed was applicable, the Court of Appeal concluded that the negligent misrepresentation and the violation of FDUTPA claims were direct rather than derivative. A fair reading of the

[565 U.S. 21]

opinion reveals nothing to suggest that the court came to the same conclusion about the professional malpractice and breach of fiduciary duty claims. Indeed, the court said nothing about those claims at all. Finding “the arbitral agreement upon which KPMG relied would not apply to the direct claims made by the individual plaintiffs,” id., at 1167, the Court of Appeal affirmed the trial court’s denial of the motion to arbitrate.

Respondents have since amended their complaint to add a fifth claim. Citing the Court of Appeal’s decision, the trial court again denied KPMG’s motion to compel arbitration.

The Act reflects an “emphatic federal policy in favor of arbitral dispute resolution.” Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 631, 105 S. Ct. 3346, 87 L. Ed. 2d 444 (1985); Moses H. Cone Memorial Hospital v. Mercury Constr. Corp., 460 U.S. 1, 24-25, 103 S. Ct. 927, 74 L. Ed. 2d 765 (1983) (noting that “questions of arbi-trability [must] ... be addressed with a healthy regard for the federal policy favoring arbitration”). This policy, as contained within the Act, “requires courts to enforce the bargain of the parties to arbitrate,” Dean Witter, supra, at 217, 105 S. Ct. 1238, 84 L. Ed. 2d 158, and “cannot possibly require the disregard of state law permitting arbitration by or against nonparties to the written arbitration agreement,” Arthur Andersen LLP v. Carlisle, 556 U.S. 624, 630, n. 5, 129 S. Ct. 1896, 173 L. Ed. 2d 832 (2009) (emphasis deleted). Both parties agree that whether the claims in the complaint are arbitrable turns on the question whether they must be deemed direct or derivative under Delaware law. That question of state law is not at issue here. What is at issue is the Court of Appeal’s apparent refusal to compel arbitration on any of the four claims based solely on a finding that two of them, the claim of negligent misrepresentation and the alleged violation of the FDUTPA, were nonarbitrable.

In Dean Witter, the Court noted that the Act “provides that written agreements to arbitrate controversies arising out of an existing contract ‘shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in

[565 U.S. 22]

equity for the revocation of any contract.’ ” 470 U.S., at 218, 105 S. Ct. 1238, 84 L. Ed. 2d 158 (quoting 9 U.S.C. § 2). The Court found that by its terms, “the Act leaves no place for the exercise of discretion by a district court, but instead mandates that district courts shall direct the parties to proceed to arbitration on issues as to which an arbitration agreement has been signed.” 470 U.S., at 218, 105 S. Ct. 1238, 84 L. Ed. 2d 158 (emphasis in original). Thus, when a complaint contains both arbitrable and nonarbi-trable claims, the Act requires courts to “compel arbitration of pendent ar-bitrable claims when one of the parties files a motion to compel, even where the result would be the possibly inefficient maintenance of separate proceedings in different forums.” Id., at 217, 105 S. Ct. 1238, 84 L. Ed. 2d 158. To implement this holding, courts must examine a complaint with care to assess whether any individual claim must be arbitrated. The failure to do so is subject to immediate review. See Southland Corp. v. Keating, 465 U.S. 1, 6-7, 104 S. Ct. 852, 79 L. Ed. 2d 1 (1984).

The Court of Appeal listed all four claims, found that two were direct, and then refused to compel arbitration on the complaint as a whole because the arbitral agreement “would not apply to the direct claims.” 51 So. 3d, at 1167. By not addressing the other two claims in the complaint, the Court of Appeal failed to give effect to the plain meaning of the Act and to the holding of Dean Witter. The petition for certiorari is granted. The judgment of the Court of Appeal is vacated, and the case is remanded. On remand, the Court of Appeal should examine the remaining two claims to determine whether either requires arbitration.

It is so ordered.