Does a defense counsel's failure to provide mitigation evidence in mitigation render a death penalty determination constitutionally unreliable?

California, United States of America

The following excerpt is from People v. Williams, 245 Cal.Rptr. 635, 44 Cal.3d 1127, 751 P.2d 901 (Cal. 1988):

In People v. Deere (1985) 41 Cal.3d 353, 222 Cal.Rptr. 13, 710 P.2d 925, this court reversed a judgment of death on the ground that defense counsel's failure to present evidence in mitigation--albeit in accord with his client's wishes--rendered the penalty determination constitutionally unreliable. In arriving at this conclusion, the court reasoned as follows.

First, the court determined that counsel's failure to present evidence in mitigation introduced error into the penalty proceeding.

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