In what circumstances will a court reverse a judgment of death where a defense counsel failed to provide mitigation evidence?

California, United States of America

The following excerpt is from People v. Sanders, 273 Cal.Rptr. 537, 51 Cal.3d 471, 797 P.2d 561 (Cal. 1990):

In People v. Deere, supra, 41 Cal.3d 353, 222 Cal.Rptr. 13, 710 P.2d 925, the court reversed a judgment of death on the ground that defense counsel's failure to present evidence in mitigation--although in accord with his client's wishes--rendered the penalty determination constitutionally unreliable. As I stated in my concurring and dissenting opinion in People v. Williams (1988) 44 Cal.3d 1127, 1158-1159, 245 Cal.Rptr. 635, 751 P.2d 901:

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