In what circumstances have courts been found to be inconsistent with the law with respect to aggravating factors?

In failing to require jury unanimity with respect to aggravating factors ( People v. Abilez, supra, 41 Cal.4th at p. 533, 61 Cal.Rptr.3d 526, 161 P.3d 58);

In failing to impose a burden of proof on either party, even if only proof by a preponderance of the evidence, or, alternatively, in failing to instruct the jury on the absence of a burden of proof ( People v. Cowan, supra, 50 Cal.4th at p. 509, 113 Cal.Rptr.3d 850, 236 P.3d 1074; People v. Abilez, supra, 41 Cal.4th at p. 533, 61 Cal.Rptr.3d 526, 161 P.3d 58);