California, United States of America
The following excerpt is from People v. Babbitt, 248 Cal.Rptr. 69, 45 Cal.3d 660, 755 P.2d 253 (Cal. 1988):
In light of the arguments of both the prosecutor and defense counsel, the jury could not have been misled by the unadorned instruction about its sole responsibility to determine, based on its individualized weighing discretion, whether death was appropriate in this case. (See People v. Allen, supra, 42 Cal.3d at pp. 1278-1280, 232 Cal.Rptr. 849, 729 P.2d 115; People v. Miranda, supra, 44 Cal.3d at p. 104, 241 Cal.Rptr. 594, 744 P.2d 1127.)
E. Reference to Inapplicable Statutory Mitigating Factors.
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