BELMONTES v. WOODFORD

No. 01-99018.

335 F.3d 1024 (2003)

Fernando BELMONTES, Jr., Petitioner-Appellant, v. Jeanne S. WOODFORD, Warden, for the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2003.


Attorney(s) appearing for the Case

Eric S. Multhaup, Mill Valley, CA; Christopher H. Wing, Sacramento, CA, for the petitioner-appellant.

Mark A. Johnson, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Before: REINHARDT, O'SCANNLAIN and PAEZ, Circuit Judges.


Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN

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...

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