Monday, July 18, 2005

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.


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