Page:United States Reports 502 OCT. TERM 1991.pdf/222

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ESTELLE v. McGUIRE Opinion of the Court

which Stevens and O’Connor, JJ., joined. O’Connor, J., filed an opinion concurring in part and dissenting in part, in which Stevens, J., joined, post, p. 75. Thomas, J., took no part in the consideration or decision of the case.

Dane R. Gillette, Deputy Attorney General of California, argued the cause for petitioner. With him on the briefs were Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, John H. Sugiyama, Senior Assistant Attorney General, and Morris Beatus, Supervising Deputy Attorney General. Ann Hardgrove Voris, by appointment of the Court, 499 U. S. 917, argued the cause and filed a brief for respondent.* Chief Justice Rehnquist delivered the opinion of the Court. Respondent Mark Owen McGuire was found guilty in a California state court of second-degree murder for the killing of his infant daughter. After unsuccessfully challenging his conviction on appeal in the state courts, McGuire sought federal habeas relief, and the United States Court of Appeals for the Ninth Circuit set aside his conviction. 902 F. 2d 749 (1990). We hold that in so doing the Court of Appeals exceeded the limited scope of federal habeas review of state convictions. McGuire and his wife brought their 6-month-old daughter, Tori, to a hospital in Hayward, California. The baby was bluish in color and was not breathing. The attending physician noticed a large and relatively recent bruise on Tori’s chest with multiple bruises around it, as well as black and by Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Bryson, and Clifford M. Sloan; and for the Criminal Justice Legal Foundation by Kent S. Scheidegger. Charles D. Weisselberg and Dennis E. Curtis filed a brief for the National Association of Criminal Defense Lawyers et al. as amici curiae urging affirmance.
 * Briefs of amici curiae urging reversal were filed for the United States