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

QUESTION PRESENTED 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. i