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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:

• U.S. Court of Appeals - 9th Circuit, Opinion Filed: July 15, 2005
• United States Supreme Court, Cert. Granted: May 1, 2006
• United States Supreme Court, Decided: November 13, 2006

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket

Briefs:

    Parties

Merits Phase

• Petitioner Ayers
• Respondent Belmontes
• Amicus CJLF
• Amici Texas and States

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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