Legal Opinion
Fernando Belmontes, Jr. v. Jill L. Brown, Warden, for the California State Prison at San Quentin
Court of Appeals for the Ninth Circuit
Decided July 15, 2005No. 01-99018PublishedCited by 67 opinions
1Opinion of the Court
Opinion by Judge REINHARDT. Opinion concurring in part and dissenting in part by Judge O’SCANNLAIN.
REINHARDT, Circuit Judge.
I. PREAMBLE
On July 15, 20.03, we filed an opinion in this case holding that there is a reasonable probability that as a result of instructional error the jury did not consider constitutionally mitigating evidence at the penalty phase. We remanded to the district court for the issuance of a writ of habeas corpus vacating the death sentence. Belmontes v. Woodford, 350 F.3d 861 (9th Cir.2003). The warden timely petitioned the Supreme Court for a writ of certiorari. On March…
2Cases cited96 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Batson v. KentuckySupreme Court of the United States · 1986
- Estelle v. McGuireSupreme Court of the United States · 1991
- United States v. BagleySupreme Court of the United States · 1985
91 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Ayers v. BelmontesSupreme Court of the United States · 2006
- Richard Adams Hovey v. Robert L. Ayers, Jr., Acting Warden, California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2006
- Clayton Thomas v. Ben Varner the District Attorney of the County of Philadelphia the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2005
- Warren Wesley Summerlin v. Dora B. Schriro, Director of Arizona Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2005
- Joe Leonard Lambright v. Dora B. Schriro, Director of Arizona Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2007
62 more not listed; retrieve them via the Exa API.