California, United States of America
The following excerpt is from People v. Edwards, 161 Cal.Rptr.3d 191, 306 P.3d 1049, 57 Cal.4th 658 (Cal. 2013):
People v. Parson (2008) 44 Cal.4th 332, 369, 79 Cal.Rptr.3d 269, 187 P.3d 1.) In addition, here the court instructed the jury that "all evidence related to [ section 190.3,] factors (d), (h), and (k) cannot be considered as aggravating circumstances." It further instructed that, "[i]n considering factors in mitigation, you may consider but are not limited to any of the following which you find to have been established by the evidence: Whether the defendant suffered extreme child abuse[,] [w]hether the defendant has displayed any acts of kindness or performed any good deeds on behalf of others[,] [w]hether the defendant shares any love and concern for his family and others[, and] [w]hether the defendant behaved well while incarcerated in the past."
[57 Cal.4th 767]
9. Asserted cumulative error
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