Whether, as in the sentencing phase of a capital trial under Dawson v. Delaware, 503 U.S. 159 (1992), the First and Fourteenth Amendment prohibit the introduction in the culpability phase of a capital trial the fact that the defendant was a member of a gang, where the prosecution did not establish the evidence would be relevant to any issue of guilt.

Whether the First and Fourteenth Amendment prohibit the introduction of gang membership evidence in the culpability phase of a capital trial