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AYERS v. BELMONTES

No. 05-493.

127 S.Ct. 469 (2006)

549 U.S. 7

166 L.Ed.2d 334

AYERS, Acting Warden v. BELMONTES.

Supreme Court of United States.

Decided November 13, 2006.

Attorney(s) appearing for the Case

Mark A. Johnson , for petitioner.

Eric S. Multhaup , for respondent.

Bill Lockyer , Attorney General of the State of California, Mary Jo Graves , Chief Assistant Attorney General, Michael P. Farrell , Senior Assistant Attorney General, Donald E. DeNicola , Deputy State Solicitor General, Eric L. Christoffersen , Assistant Supervising Deputy Attorney General, Mark A. Johnson , Assistant Supervising Deputy Attorney General, Counsel of Record, Sacramento, CA, for Petitioner.

Eric S. Multhaup , Counsel of Record, Mill Valley, CA, Christopher H. Wing , Sacramento, CA, for Fernando Belmontes in Forma Pauperis.

Bill Lockyer , Attorney General of the State of California, Manuel M. Medeiros , State Solicitor General, Donald E. De Nicola , Deputy Solicitor General, Robert R. Anderson , Chief Assistant Attorney General, Mary Jo Graves , Senior Assistant Attorney General, Ward A. Campbell , Supervising Deputy Attorney General, Mark A. Johnson , Assistant Supervising Deputy Attorney General, Counsel of Record, Sacramento, CA, for Petitioner.

Fernando Belmontes, the respondent here, was tried in 1982 in the Superior Court of the State of California in and for the County of San Joaquin. A jury returned a verdict of murder in the first degree and then determined he should be sentenced to death. The issue before us concerns a jury instruction...

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