Does a judge have the power to overturn a judgment of death in a death penalty case?
California, United States of America
The following excerpt is from People v. Landry, 2 Cal.5th 52, 211 Cal.Rptr.3d 160, 385 P.3d 327 (Cal. 2016):
possibility of parole.21 "But under those sections, we lack the power to overturn a judgment of death simply because we disagree with the jury's penalty determination [citation], and we may only reverse the judgment if we find prejudicial error or legal insufficiency of evidence [citation]. " (People v. Leonard (2007) 40 Cal.4th 1370, 1427, 58 Cal.Rptr.3d 368, 157 P.3d 973.) We find neither of those circumstances.
[2 Cal.5th 127]
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