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


    Capital Cases, Criminal Law, Habeas Corpus, Jury Instruction
  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)?




    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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