Brown v. Payton

544 U.S. 133, 125 S. Ct. 1432, 161 L. Ed. 2d 334, 2005 U.S. LEXIS 2753
CourtSupreme Court of the United States
DecidedMarch 22, 2005
Docket03-1039
StatusPublished
Cited by955 cases

This text of 544 U.S. 133 (Brown v. Payton) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Payton, 544 U.S. 133, 125 S. Ct. 1432, 161 L. Ed. 2d 334, 2005 U.S. LEXIS 2753 (2005).

Opinions

Justice Kennedy

delivered the opinion of the Court.

The United States Court of Appeals for the Ninth Circuit, convening en banc, granted habeas relief to respondent William Payton. It held that the jury instructions in the penalty phase of his trial for capital murder did not permit consideration of all the mitigation evidence Payton presented. The error, the court determined, was that the general mitigation instruction did not make it clear to the jury that it could consider evidence concerning Payton’s post-crime religious conversion and the prosecutor was allowed [136]*136to urge this erroneous interpretation. We granted the petition for certiorari, 541 U. S. 1062 (2004), to decide whether the Ninth Circuit’s decision was contrary to the limits on federal habeas review imposed by 28 U. S. C. § 2254(d). We now reverse.

I

In 1980, while spending the night at a boarding house, Pay-ton raped another boarder, Pamela Montgomery, and then used a butcher knife to stab her to death. Payton proceeded to enter the bedroom of the house’s patron, Patricia Pen-singer, and to stab her as she slept aside her 10-year-old son, Blaine. When Blaine resisted, Payton started to stab him as well. Payton’s knife blade bent, and he went to the kitchen to retrieve another. Upon the intervention of other boarders, Payton dropped the second knife and fled.

Payton was arrested and tried for the first-degree murder and rape of Pamela Montgomery and for the attempted murders of Patricia and Blaine Pensinger. Payton presented no evidence in the guilt phase of the trial and was convicted on all counts. The trial proceeded to the penalty phase, where the prosecutor introduced evidence of a prior incident when Payton stabbed a girlfriend; a prior conviction for rape; a prior drug-related felony conviction; and evidence of jailhouse conversations in which Payton admitted he had an “urge to kill” and a “severe problem with sex and women” that caused him to view all women as potential victims to “stab . . . and rape.” People v. Payton, 3 Cal. 4th 1050, 1058, 839 P. 2d 1035, 1040 (1992) (internal quotation marks omitted).

Defense counsel concentrated on Payton’s postcrime behavior and presented evidence from eight witnesses. They testified that in the year and nine months Payton spent in prison since his arrest, he had made a sincere commitment to God, participated in prison Bible study classes and a prison ministry, and had a calming effect on other prisoners.

[137]*137Before the penalty phase closing arguments, the judge held an in-chambers conference with counsel to discuss jury instructions. He proposed to give — and later did give — an instruction which followed verbatim the text of a California statute. Cal. Penal Code Ann. § 190.3 (West 1988). The instruction set forth 11 different factors, labeled (a) through (k), for the jury to “consider, take into account and be guided by” in determining whether to impose a sentence of life imprisonment or death. 1 Cal. Jury Instr., Crim., No. 8.84.1 (4th rev, ed. 1979).

The in-chambers conference considered in particular the last instruction in the series, the so-called factor (k) instruction. Factor (k) was a catchall instruction, in contrast to the greater specificity of the instructions that preceded it. As set forth in the statute, and as explained to the jury, it directed jurors to consider “[a]ny other circumstance which extenuates the gravity of the crime even though it is not a legal excuse for the crime.” Cal. Penal Code Ann. § 190.3 (West 1988). (The statute has since been amended.)

Defense counsel objected to the instruction and asked that it be modified to direct the jury, in more specific terms, to consider evidence of the defendant’s character and background. The prosecution, on the other hand, indicated that in its view factor (k) was not intended to encompass evidence concerning a defendant’s background or character. The court agreed with defense counsel that factor (k) was a general instruction covering all mitigating evidence. It declined, however, to modify the wording, in part because the instruction repeated the text of the statute. In addition, the court stated: “I assume you gentlemen, as I said, in your argument can certainly relate — relate back to those factors and certainly can argue the defendant’s character, background, history, mental condition, physical condition; certainly fall into category ‘k’ and certainly make a clear argument to the jury.” App. 59.

[138]*138The judge prefaced closing arguments by instructing the jury that what it would hear from counsel was “not evidence but argument” and “[you] should rely on your own recollection of the evidence.” Id., at 62. In his closing, the prosecutor offered jurors his opinion that factor (k) did not allow them to consider anything that happened “after the [crime] or later.” Id., at 68. The parties do not now dispute that this was a misstatement of law. The defense objected to the comment and moved for a mistrial, which the trial court denied. The court admonished the jury that the prosecutor’s comments were merely argument, but it did not explicitly instruct the jury that the prosecutor’s interpretation was incorrect. Id., at 69-70.

Although the prosecutor again told the jury several times that, in his view, the jury had not heard any evidence of mitigation, he proceeded to argue that the circumstances and facts of the case, coupled with Payton’s prior violent acts, outweighed the mitigating effect of Payton’s newfound Christianity. Id., at 70. He discussed the mitigation evidence in considerable detail and concluded by urging that the circumstances of the case and Payton’s prior violent acts outweighed his religious conversion. Id., at 75-76. In his closing, defense counsel argued to the jury that, although it might be awkwardly worded, factor (k) was a catchall instruction designed to cover precisely the kind of evidence Payton had presented.

The trial court’s final instructions to the jury included the factor (k) instruction, as well as an instruction directing the jury to consider all evidence presented during the trial. Id., at 94. The jury found the special circumstance of murder in the course of committing rape and returned a verdict recommending a death sentence. The judge sentenced Payton to death for murder and to 21 years and 8 months for rape and attempted murder.

On direct appeal to the California Supreme Court, Payton argued that his penalty phase jury incorrectly was led to [139]*139believe it could not consider the mitigating evidence of his postconviction conduct in determining whether he should receive a sentence of life imprisonment or death, in violation of the Eighth Amendment of the Ü. S. Constitution. Lockett v. Ohio, 438 U. S. 586, 602-609 (1978) (plurality opinion). The text of the factor (k) instruction, he maintained, was misleading, and rendered more so in light of the prosecutor’s argument.

In a 5-to-2 decision, the California Supreme Court rejected Payton’s claims and affirmed his convictions and sentence. 3 Cal. 4th 1050, 839 P. 2d 1035 (1992). Applying Boyde v. California, 494 U. S. 370

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544 U.S. 133, 125 S. Ct. 1432, 161 L. Ed. 2d 334, 2005 U.S. LEXIS 2753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-payton-scotus-2005.