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Ayers v. Belmontes
No. 05-493
Title:
    Robert L. Ayers, Jr., Acting Warden v. Fernando Belmontes

Subject:

    Capital Cases, Criminal Law, Habeas Corpus, Jury Instruction
Questions:
  1. Does Boyde v. California, 494 U.S. 370 (1990), confirm the constitutional sufficiency of California's "unadorned factor (k)" instruction where a defendant presents mitigating evidence of his background and character which relates to, or has a bearing on, his future prospects as a life prisoner?

  2. Does the Ninth Circuit's holding, that California's "unadorned factor (k)" instruction is constitutionally inadequate to inform jurors they may consider "forward-looking" mitigation evidence constitute a "new rule" under Teague v. Lane, 489 , U.S. 288 (1989)?

Decisions:

Resources:

Briefs:

    Parties Counsel of Record

For Petitioner:

Mark A. Johnson
Deputy Attorney General
Sacramento, CA
For Respondent Belmontes:
Eric S. Multhaup
Mill Valley, CA

Christopher H. Wing
Sacramento, CA


 

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