Is a defendant's failure to formally introduce any mitigating evidence at the penalty phase prejudicial to his case?

California, United States of America

The following excerpt is from People v. Bloom, 259 Cal.Rptr. 669, 48 Cal.3d 1194, 774 P.2d 698 (Cal. 1989):

Here, the jury received expanded instructions which permitted it to consider the mitigating guilt phase evidence. Thus, defendant's failure to formally introduce any mitigating evidence at the penalty phase was not prejudicial to his case. For the same reason, defendant's habeas corpus petition[774 P.2d 723] fails to state a prima facie case. The mitigating evidence referred to in the petition appears to be largely cumulative of evidence already admitted at [48 Cal.3d 1234] the guilt phase. (See People v. Guzman (1988) 45

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