California, United States of America
The following excerpt is from People v. Silveria, 10 Cal.5th 195, 267 Cal.Rptr.3d 303, 471 P.3d 412 (Cal. 2020):
to tell their witnesses not to use the word "mercy," precluding either side from using the word "mercy" during closing argument, and refusing to instruct the jury "on mercy or a juror's use of mercy." We conclude there was no error. Based on the trial court's instructions and counsels' argument, "there is no reasonable likelihood the jury was misled as to its ability to grant" defendants leniency based on the mitigating evidence by the trial court's preclusion of the word "mercy." ( People v. Ervine (2009) 47 Cal.4th 745, 802, 102 Cal.Rptr.3d 786, 220 P.3d 820 ( Ervine ).)
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