What is the legal test for overturning the penalty for failing to identify a "special circumstance" in a death penalty case?
California, United States of America
The following excerpt is from People v. Townsel, 201 Cal.Rptr.3d 19, 368 P.3d 569, 63 Cal.4th 25 (Cal. 2016):
circumstances]; see also People v. Bonilla (2007) 41 Cal.4th 313, 334, 60 Cal.Rptr.3d 209, 160 P.3d 84 [an invalidated special circumstance "was superfluous for purposes of death eligibility and did not alter the universe of facts and circumstances to which the jury could accord
[201 Cal.Rptr.3d 57]
... weight"].) Reversal of the penalty is not required.
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