The following excerpt is from Lambright v. Stewart, 167 F.3d 477 (9th Cir. 1999):
4 On appeal to this court, petitioners again allege that the use of dual juries violates their due process rights under the Fourteenth Amendment. Their claim is broader than required for resolution of the issue. We do not determine whether the use of dual juries in a capital punishment case directly violates the constitution, a question we have explicitly left open. See Beam v. Paskett, 3 F.3d 1301 (1993).
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