What is the legal test for overturning the penalty for failing to identify a "special circumstance" in a death penalty case?
California, United States of America
The following excerpt is from People v. Townsel, 201 Cal.Rptr.3d 19, 368 P.3d 569, 63 Cal.4th 25 (Cal. 2016):
circumstances]; see also People v. Bonilla (2007) 41 Cal.4th 313, 334, 60 Cal.Rptr.3d 209, 160 P.3d 84 [an invalidated special circumstance "was superfluous for purposes of death eligibility and did not alter the universe of facts and circumstances to which the jury could accord
[201 Cal.Rptr.3d 57]
... weight"].) Reversal of the penalty is not required.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for overturning the penalty for failing to identify a "special circumstance" in a death penalty case? (California, United States of America)
In a death penalty case, in what circumstances will the jury award the death penalty? (California, United States of America)
In what circumstances will the court review the imposition of the death penalty in a death penalty case? (California, United States of America)
Can a defendant seek the death penalty on a retrial of a case where a jury found that a special circumstance allegation was not true? (California, United States of America)
Does the amendment to the lying-in-wait special circumstance in a murder case in which there is a distinction between the special circumstance and lying in-wait first degree murder? (California, United States of America)
Does a prosecutor's decision not to seek the death penalty in death penalty cases violate the federal or state constitution? (California, United States of America)
In a death penalty case, in what circumstances will the defense counsel object to the prosecutor's remarks that the lack of mitigating evidence supports a death sentence? (California, United States of America)
Does a judge have the power to overturn a judgment of death in a death penalty case? (California, United States of America)
Does a judge have the power to overturn a judgment of death in a death penalty case? (California, United States of America)
What is the legal test for overturning a finding of insufficient evidence in a special circumstance case? (California, United States of America)
