United States Ninth Circuit

Defendant's death sentence is vacated where the jury was not instructed that it must consider defendant's principal mitigation evidence, which tended to show that he would adapt well to prison and would likely become a constructive member of society if incarcerated for life.

Appellate Information

• Argued 05/15/2007
• Decided 07/15/2005
• Published 07/15/2005

Judges

• Before:  STEPHEN REINHARDT, DIARMUID F. O'SCANNLAIN, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Eric Multhaup, Mill Valley, CA, and Christopher H. Wing, Sacramento, CA, for the petitioner-appellant.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General for the State of California, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Eric L. Christoffersen, Deputy Attorney General, and Mark A. Johnson, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.