What is the state of the evidence at trial of a defendant's mental health and emotional state?

California, United States of America


The following excerpt is from People v. Gonzalez, 275 Cal.Rptr. 729, 51 Cal.3d 1179, 800 P.2d 1159 (Cal. 1990):

Again, defendant failed to object and request clarification. In any event, since the prosecutor accurately characterized the state of the evidence, there is no reasonable likelihood the jury was moved to ignore mental or emotional conditions that were less than "extreme." (See Boyde v. California, supra, 494 U.S. at p. ----, 110 S.Ct. at p. 1198; see also fn. 10, ante.)

c. Sentencing discretion.

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