Legal Opinion
Fernando Belmontes, Jr. v. Jeanne S. Woodford, Warden, for the California State Prison at San Quentin
Court of Appeals for the Ninth Circuit
Decided November 20, 2003No. 01-99018PublishedCited by 55 opinions
1Opinion of the Court
Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge O’SCANNLAIN
ORDER
The opinion and dissent filed on July 15, 2003 is hereby amended. The clerk shall file the amended opinion and dissent.
OPINION
REINHARDT, Circuit Judge.
In this pre-AEDPA death penalty case, Petitioner Fernando Belmontes, Jr., appeals the district court’s denial of his petition for writ of habeas corpus. Because the jury was not instructed that it must consider Belmontes’ principal mitigation evidence, which tended to show that he would adapt well to prison and would likely become a constructive member…
2Cases cited96 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- 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
- Franks v. DelawareSupreme Court of the United States · 1978
91 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Wong v. BelmontesSupreme Court of the United States · 2009
- Ayers v. BelmontesSupreme Court of the United States · 2006
- Clarence Ray Allen v. Jeanne S. Woodford, Warden, of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2005
- Blufford Hayes, Jr. v. Jill Brown, Warden of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2005
- Leavitt v. AraveCourt of Appeals for the Ninth Circuit · 2004
50 more not listed; retrieve them via the Exa API.