Does a defendant have a cognizable right to seek allocution at the penalty phase of a capital trial?
California, United States of America
The following excerpt is from People v. Blacksher, S076582, Super. Ct. No. 125666 (Cal. 2011):
stating, "[w]e are not pursuing that."17 "[W]e have repeatedly held there is no right of allocution at the penalty phase of a capital trial." (People v. Lucero (2000) 23 Cal.4th 692, 717.) Therefore, even assuming defendant did wish to address the court before his sentencing, defense counsel did not violate any cognizable right by withdrawing defendant's request for allocution.
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