Cite as: 525 U. S. 141 (1998)
Per Curiam
read to you in determining which punishment shall be imposed on this defendant." Respondent's Opposition to Motion to Amend Petition for Writ of Habeas Corpus in No. C89-1906 (ND Cal.), p. 7, Record, Doc. No. 267, quoting Tr. 1059-1060.
In an unrelated case, we had upheld the Briggs instruction against a federal constitutional challenge. California v. Ramos, 463 U. S. 992 (1983). On direct appeal, however, Coleman argued that giving the Briggs instruction in his case was reversible error under the California Supreme Court's decision in California v. Ramos, 37 Cal. 3d 136, 689 P. 2d 430 (1984). There the California Supreme Court held, on remand from this Court, that the Briggs instruction violates the California Constitution because, in the California Supreme Court's view, it is misleading, invites the jury to consider irrelevant and speculative matters, and diverts the jury from its proper function.
The California Supreme Court rejected Coleman's argument and upheld his death sentence. People v. Coleman, supra. While the court found that the giving of the Briggs instruction was error under California law, it held the error was not prejudicial because the additional instruction told the jury it should not consider the possibility of commutation in determining Coleman's sentence. Id., at 780-781, 759 P. 2d, at 1281-1282.
Coleman then sought a federal writ of habeas corpus. Although the District Court acknowledged this Court's holding that giving the Briggs instruction does not violate the Federal Constitution and does not mislead or inappropriately divert the jury, the court nonetheless granted the writ as to Coleman's death sentence. No. C89-1906 (ND Cal., Mar. 28, 1997), App. to Pet. for Cert. A-146, A-151. Relying on recent Ninth Circuit precedent, the District Court found the Briggs instruction was inaccurate as applied to Coleman because it did not mention a limitation on the Governor's power to commute Coleman's sentence. Id., at A-
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