In a criminal case, is there any case law in which a jury has been ordered to conduct cross-examination of evidence in the penalty phase?
California, United States of America
The following excerpt is from People v. Mora, 235 Cal.Rptr.3d 92, 420 P.3d 902, 5 Cal.5th 442 (Cal. 2018):
that probe for possible penalty phase biases regarding such evidence, while stopping short of revealing information otherwise prejudicial and excludable in the guilt phase." ( People v. Ray (1996) 13 Cal.4th 313, 357, 52 Cal.Rptr.2d 296, 914 P.2d 846.)
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