California, United States of America
The following excerpt is from People v. Carrera, 261 Cal.Rptr. 348, 49 Cal.3d 291, 777 P.2d 121 (Cal. 1989):
21 In addition, defendant contends that the prosecutor again brought the subject of the death penalty before the jury by arguing that defendant tried to get members of his family to lie for him "[w]hen he realized his life [was] at stake...." We have recognized that where avoidance of a special circumstance or the death penalty was a possible motive for defendant's acts or testimony, the prosecutor may properly cross-examine and seek to impeach the defendant by establishing such a motive. (See People v. Allison (1989) 48 Cal.3d 879, 892, 258 Cal.Rptr. 208, 771 P.2d 1294.) This passing reference, in the midst of a lengthy discussion of the lack of credibility of defendant and his witnesses, seems unlikely to have affected the jury verdict in light of the express instructions later given the jury not to consider the subject of penalty in its deliberations on guilt.
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