Ayers v. Belmontes, No. 05-493 (U.S. Supreme Court) (549 U.S. 7; 127 S.Ct. 469) (November 13, 2006) (Justice Kennedy)
Loaded on Oct. 1, 2006
published in Punch and Jurists
October 16, 2006
Filed under:
Jury Instructions,
Punch And Jurists.
For all practical purposes, this lengthy decision represents little more than a philosophical debate about capital punishment between the conservative and liberal factions on the Supreme Court. Certainly, it adds little meaningful guidance to the Court’s death penalty jurisprudence, in part because the narrow holding in this case will probably …
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Islam v. Gonzales, No. 05-1390-ag (2nd Cir.) (469 F.3d 53) (November 9, 2006) (Judge Barrington D. Jr. Parker)
- Ayers v. Belmontes, No. 05-493 (U.S. Supreme Court) (549 U.S. 7; 127 S.Ct. 469) (November 13, 2006) (Justice Kennedy)
- Kim v. Gonzales, No. 05-2462 (1st Cir.) (468 F.3d 58) (November 16, 2006) (Judge Michael Boudin)
- U.S. v. Frabizio, No. 05-2034 (1st Cir.) (459 F.3d 80) (August 16, 2006) (Judge Sandra L. Lynch)
- U.S. v. Fanfan, No. 05-1826 (1st Cir.) (468 F.3d 7) (November 8, 2006) (Judge Michael Boudin)
- U.S. v. Frabizio, No. Crim. No. 03-10283-NG (D.Mass.) (445 F.Supp.2d 152) (August 11, 2006) (Judge Nancy Gertner)
- Zhong v. U.S. Dept. of Justice, No. 02-4882 (2nd Cir.) (461 F.3d 101) (August 8, 2006) (Judge Guido Calabresi)
- Anderson v. Terhune, No. 04-17237 (9th Cir.) (467 F.3d 1208) (November 8, 2006) (Judge Michael R. Hogan)
- U.S. v. Stein, No. 05 Crim. 0888 (LAK) (S.D.N.Y.) (461 F.Supp.2d 201) (November 13, 2006) (Judge Lewis A. Kaplan)
More from these topics:
- Aphantasia: Why Truthful Witnesses Can Sound Like Liars, Jan. 1, 2026. Jury Instructions, False Statements/Perjury, Self-Authentication, Voir Dire, Evidence - Integrity/Reliability of, Eyewitness Identification, Character/Reputation/Propensity.
- Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification, Aug. 1, 2025. Jury Instructions, Ineffective Assistance of Counsel, Inconsistent.
- South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis, May 15, 2025. Defenses, Jury Instructions.
- Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions on Self-defense and Defense of Others, May 15, 2025. Defenses, Jury Instructions, Jury Instructions in Jury Room.
- Maryland Supreme Court: Trial Court Abused Its Discretion by Failing to Exercise That Discretion Where It Summarily Refused Requested Jury Instruction Because It Was a Non-Pattern Instruction and ‘Some Evidence’ Supported the Instruction, March 15, 2025. Jury Instructions, Evidence - Failure to Disclose.
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025. Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment.
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024. Defenses, Jury Instructions, Motive/Opportunity/Intent/Identity Evidence.
- Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1), June 15, 2024. Jury Instructions, Essential Elements of Crime, Mens Rea Element, Elements of Offense, Failure to Instruct on Scienter Requirement.
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
- California Supreme Court Vacates Second Degree Murder Conviction Where Jury Instructed on Now Invalid Felony-Murder Theory, Oct. 1, 2023. Jury Instructions, New Trial Motions, Murder/Felony Murder.