Death Penalty: Repeating Guilt Phase Instructions
February 20th, 2014


If the trial court instructs the jury to disregard all instructions given at the guilt phase, it must give those instructions which are applicable to the evaluation of the evidence at the penalty phase. Failure to give the required instructions will be reviewed under the harmless beyond a reasonable doubt standard. (People v. Lewis (2008) 43 Cal. 4th 415, 534-535.)

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