This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Petitioner Jill L. Brown, Acting Warden, argues that the Ninth Circuit violated the Antiterrorism and Effective Death Penalty Act (AEDPA) by reversing the California Supreme Court’s decision affirming William Charles Payton’s 1982 death sentence.
Background and question before the Court
According to Justice O'Connor, justice O’Connor questioned whether it would be acceptable for a prosecutor to repeatedly tell a jury that the burden of proof is a preponderance rather than beyond a reasonable doubt.
According to Justice Stevens, justice Stevens inquired whether the jury could have been misled by the instructions concerning factor (k) and the consideration of all evidence.
What each side argues
Petitioner Position
According to Petitioner, the Ninth Circuit erred by reversing the California Supreme Court’s affirmation of Payton’s death sentence, violating AEDPA.
Respondent Position
According to Ms. CORTINA, factor (k) evidence falls within the scope of permissible consideration, and the jury should have been allowed to consider it.
According to Ms. Cortina, under AEDPA, the proper analysis is how the California Supreme Court reviewed the claim, not a de novo review of the likelihood of error.
According to Mr. GITS, the penalty phase of the trial lasted about a day and involved eight witnesses.
According to Mr. Gits, the Supreme Court’s decision in Skipper indicated that post‑crime evidence of rehabilitation is not relevant to culpability, making factor (k) ambiguous.
What happened at oral argument
According to Justice O'Connor, justice O’Connor asked whether it would be permissible for a prosecutor to repeatedly state that the burden of proof is a preponderance rather than beyond a reasonable doubt.
According to Justice Stevens, justice Stevens inquired about the possibility that the jury was misled by the instructions concerning factor (k).
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- dd7afc0245da4a4a4662-r1-dce0d40a31876736.pdforal argument transcript
Guide generated September 20, 2026. Automated validation accepted this version.