Does a defendant have grounds to argue that a trial court prejudicially errs in failing to instruct the jury sua sponte at the penalty phase to disregard the no-sympathy instruction at the guilt phase?
California, United States of America
The following excerpt is from People v. Smithey, 20 Cal.4th 936, 86 Cal.Rptr.2d 243, 978 P.2d 1171 (Cal. 1999):
We also consistently have rejected defendant's claim that a trial court prejudicially errs in failing to instruct the jury sua sponte at the penalty phase to disregard the no-sympathy instruction given at the guilt phase. (People v. Frye, supra, 18 Cal.4th at pp. 1024-1026, 77 Cal.Rptr.2d 25, 959 P.2d 183.)
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