Does a defendant have a right to a separate penalty trial in lieu of a jury trial?

California, United States of America


The following excerpt is from People v. Memro, 11 Cal.4th 786, 12 Cal.App.4th 783, 47 Cal.Rptr.2d 219, 905 P2d 1305 (Cal. 1995):

After his motion to sever counts was denied, defendant asked the court to hear the penalty trial itself in lieu of the jury. The court refused, stating that the prosecution was entitled to a jury trial and wanted one. Citing Singer v. United States (1965) 380 U.S. 24, 85 S.Ct. 783, 13 L.Ed.2d 630, defendant maintains that the ruling violated the due process clause and a right he claims to a reliable sentence under the Eighth Amendment because there were compelling reasons to have the court, rather than the jury, decide his fate.

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