How have the courts treated mitigating evidence in sentencing cases?
The following excerpt is from Mayfield v. Woodford, 270 F.3d 915 (9th Cir. 2001):
15. See also Clemons v. Mississippi, 494 U.S. 738, 752 (1990) (holding that because state supreme court's "opinion is virtually silent with respect to the particulars of the allegedly mitigating evidence presented . . . to the jury, we cannot be sure that the court fully heeded our cases emphasizing the importance of the sentencer's consideration of a defendant's mitigating evidence.").
15. See also Clemons v. Mississippi, 494 U.S. 738, 752 (1990) (holding that because state supreme court's "opinion is virtually silent with respect to the particulars of the allegedly mitigating evidence presented . . . to the jury, we cannot be sure that the court fully heeded our cases emphasizing the importance of the sentencer's consideration of a defendant's mitigating evidence.").
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