Citation network
Ayers Vs. Belmontes
Cites for this judgment
- US Supreme Court
- Nov 13, 2006
Citation network · 7-day free trial
Brief every cited case in minutes
Open an 18-section AI Brief on any citation below, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial - no card required.
- 18-section brief - facts, issues, ratio, relief
- Ask this case - answers cite the judgment
- Semantic search - find precedents by meaning
- Research drawer - sections, cites, related cases
No card required · credentials emailed · Log in if you already have an account
-
Syllabus October Term, 2006 Ayers V. BelmontesSearch
-
The Federal District Court denied relief, but the Ninth Circuit reversed. On reconsideration in light of Brown v. PaytonSearch
-
s precrime background and character, Boyde v. CaliforniaSearch
-
or postcrime rehabilitation, Brown v. PaytonSearch
-
J., joined. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined. Ayers v. BelmontesSearch
-
Opinion of the Court Ayers V. BelmontesSearch
-
Supreme Court of the United States No. 05-493 Robert L. Ayers, Jr., Acting Warden, Peti- Tioner V. FernandoSearch
-
of his Eighth Amendment right to present all mitigating evidence in capital sentencing proceedings. See, e.g., Penry v. JohnsonSearch
-
Skipper v. SouthSearch
-
California Supreme Court, affirming the judgment and sentence, rejected this contention and other challenges. People v. BelmontesSearch
-
but a divided panel of the United States Court of Appeals for the Ninth Circuit reversed in relevant part, Belmontes v. WoodfordSearch
-
F. 3d 861, 908 (2003). Over the dissent of eight judges, the Court of Appeals denied rehearing en banc. Belmontes v. WoodfordSearch
-
Brief any citation in this list with AI Studio
-
This Court granted certiorari, vacated the judgment, and remanded for further consideration in light of Brown v. PaytonSearch
-
U. S. 133 (2005). Brown v. BelmontesSearch
-
Death Penalty Act of 1996 (AEDPA), 110 Stat. 1214, though applicable in that case, does not apply here. Belmontes v. BrownSearch
-
Over yet another dissent, the Court of Appeals again denied rehearing en banc. Belmontes v. StokesSearch
-
In two earlier cases this Court considered a constitutional challenge to the factor (k) instruction. See Brown v. PaytonSearch
-
Id. , at 382 (citing Penry v. LynaughSearch
-
U. S., at 383 (quoting California v. BrownSearch
-
s effective date. AEDPA and its deferential standards of review are thus inapplicable. See Woodford v. GarceauSearch
-
quoting Lockett v. OhioSearch
-
cf. Johnson v. TexasSearch
-
see generally Tuilaepa v. CaliforniaSearch
-
s holding in Johnson v. TexasSearch
-
and the case is remanded for further proceedings consistent with this opinion. It is so ordered. Ayers v. BelmontesSearch
-
s discretion to consider all mitigating evidence does not violate the Eighth Amendment. See Walton v. ArizonaSearch
-
s jurisprudence to the contrary, however, this is arguably an easy case, given our reiteration in Johnson v. TexasSearch
-
Scannlain did below, see Belmontes v. BrownSearch
-
s opinion, which correctly applies Boyde v. CaliforniaSearch
-
U. S. 370 (1990). Ayers v. BelmontesSearch
-
Stevens, J., Dissenting Ayers V. BelmontesSearch
-
Justice Stevens, with whom Justice Souter, Justice Ginsburg, and Justice Breyer join, dissenting. In Lockett v. OhioSearch
-
here, Fernando Belmontes, was sentenced to death in 1982, a scant four years after Lockett . See People v. BelmontesSearch
-
s culpability for the crime, might nevertheless call for a sentence less than death. Cf. People v. EasleySearch
-
s sentencing the California Supreme Court evinced considerable discomfort with factor (k). In People v. EasleySearch
-
proved prescient. In Skipper v. SouthSearch
-
s conviction and therefore fully applicable here, see Griffith v. KentuckySearch
-
the jury was tasked with performing. Id., at 150. V QuestionsSearch
-
listed factors gave the jury the chance to consider whether the respondent might redeem himself in prison. Cf. Brown v. PaytonSearch
-
s death sentence. See Boyde v. CaliforniaSearch
-
the lawyers thought it meant. Surely the more natural inference is that the jury followed its instructions. See Greer v. MillerSearch
-
a risk of error sufficient to warrant relief for a man who has spent more than half his life on death row. Cf. Lackey v. TexasSearch
-
s decision to take the life of one of its citizens. See Gardner v. FloridaSearch
-
Footnote 4 Skipper v. SouthSearch
-
s suggestion that this case may be in- consistent with Johnson v. TexasSearch
-
of Brown v. PaytonSearch
-
Brown v. PaytonSearch
AI Brief on cited cases - 7-day free trial