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Robert L. Ayers, Jr., Acting Warden v. Fernando Belmontes

Subject:

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)?
   
   

• 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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