Is there any case law supporting the argument that a hung jury in the guilt phase was not a foregone conclusion?

conclude death is not appropriate. (People v. Page (2008) 44 Cal.4th 1, 5556, 79 Cal.Rptr.3d 4, 186 P.3d 395.) The observation that a death sentence was not a foregone conclusion does little to support an argument that a prior hung jury in the guilt phase is strong evidence of a weak factual case.

In People v. Kelley (1967) 66 Cal.2d 232, 57 Cal.Rptr. 363, 424 P.2d 947, we found the trial court erred in admitting evidence of the defendant's unlawfully obtained confessions to uncharged sexual acts as circumstantial proof that he committed the charged offenses. (Id. at pp. 236251, 57 Cal.Rptr. 363, 424 P.2d 947.) In assessing prejudice, we noted that at the first trial when such evidence was excluded the jury was unable to

[371 P.3d 214]