Belmontes v. Brown
No. 01-99018 (7-15-05). The 9th, on remand from the Supremes, still finds that the jury instructions in a capital case pertaining to sentencing (consideration of nonstatutory mitigation) were erroneous, and under a pre-AEDPA standard, leads to a new sentencing. Reinhardt wrote the opinion and O'Scannlain dissents, accusing the panel of defying the Supremes.