The US Supreme Court on Tuesday ruled unanimously in Smith v. Spisak that the US Court of Appeals for the Sixth Circuit contravened the directives of the Antiterrorism and Effective Death Penalty Act (AEDPA) by extending Mills v. Maryland  to resolve in a habeas petitioner's favor questions that were not decided or addressed in Mills. The Sixth Circuit ruled that the jury instructions in defendant John Spisak, Jr's trial violated Mills by requiring unanimity in the finding that the aggravating circumstances outweighed the mitigating factors. In reversing the decision below, Justice Stephen Breyer wrote:

The Court of Appeals held the sentencing instructions unconstitutional because, in its view, the instructions, taken together with the forms, "required" juror "unanimity as to the presence of a mitigating factor" - contrary to this Court's holding in Mills v. Maryland. Since the parties do not dispute that the Ohio courts "adjudicated" this claim, i.e., they considered and rejected it "on the merits," the law permits a federal court to reach a contrary decision only if the state-court decision "was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States." Unlike the Court of Appeals, we conclude that Spisak's claim does not satisfy this standard.

California's gay-marriage ban is again being tested as a high-profile federal-court case opened in the state Monday and immediately drew a ruling from the U.S. Supreme Court.

The high court temporarily blocked the Internet broadcast of the trial, the first serious challenge in federal court to a state law against same-sex marriage.

The main issue in the case, being heard in U.S. District Court, is whether a 2008 voter initiative dubbed Proposition 8 violates the U.S. Constitution by creating a law that discriminates on the basis of sexual orientation. Defenders of Proposition 8 say it validly defined marriage in traditional terms by restricting marriage to people who could have children naturally.

Whatever the outcome in Chief Judge Vaughn Walker's courtroom, the case will likely be appealed, eventually to the U.S. Supreme Court. Five states currently permit same-sex marriage, either by statute or under their state constitutions.

In exchange, prosecutors agreed to dismiss six other charges during Tuesday's hearing.

The 52-year-old Becker pleaded guilty to attempted sexual assault of a child under 16 and child enticement. He faces up to 45 years in prison when he's sentenced March 3.

Defense attorney Patrick Cafferty declined comment until after Becker's sentencing hearing.

Becker was arrested at a shopping center on Jan. 13 in a sting operation after authorities said he was involved in explicit Internet chats with a state agent posing as a 14-year-old girl.

Becker was charged Jan. 15 and resigned as mayor five days later.

Joshua Southwick, Angela Mink and her brother, Ashton Mink, entered pleas Tuesday.

Prosecutors say Ashton Mink's wife, Jacquelin, pleaded guilty last week.

Authorities say Angela and Jacquelin Mink helped the men escape from an Alabama prison in May. Southwick was serving time for murder and burglary; Mink for attempted murder.

The four are believed to have eluded authorities in at least seven states until a June 5 video store robbery in North Dakota. They fled, holed up in a nearby ranch outbuilding and were arrested after shootouts with law enforcement.