Is evidence of a defendant's good character admissible in mitigation?

California, United States of America


The following excerpt is from People v. Landry, 2 Cal.5th 52, 211 Cal.Rptr.3d 160, 385 P.3d 327 (Cal. 2016):

but was, instead, proper rebuttal to the defense case in mitigation. "Rebuttal evidence is relevant and admissible if it tends to disprove a fact of consequence on which the defendant has introduced evidence.... The trial court has broad discretion to determine the admissibility of rebuttal evidence and, absent palpable abuse, an appellate court may not disturb the trial court's exercise of that discretion." (People v. Valdez (2012) 55 Cal.4th 82, 169, 144 Cal.Rptr.3d 865, 281 P.3d 924 ; see People v. Mitcham (1992) 1 Cal.4th 1027, 10721073, 5 Cal.Rptr.2d 230, 824 P.2d 1277 [evidence of the defendant's juvenile adjudications were admissible to rebut evidence of his good character and, as such, was "not subject to the notice requirement of section 190.3 and need not relate to any specific aggravating factor under section 190.3"].)

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