California, United States of America
The following excerpt is from People v. Riel, 22 Cal.4th 1153, 96 Cal.Rptr.2d 1, 998 P.2d 969 (Cal. 2000):
Defendant contends his attorneys were ineffective because they "failed to present the issue of lingering doubt, a relevant factor in mitigation." We have noted that "the sword of the lingering doubt defense is double edged. (People v. Fauber (1992) 2 Cal.4th 792, 864, 9 Cal. Rptr.2d 24, 831 P.2d 249.) Because such an argument risks `"antagonizing a jury that has already found the defendant guilty,"' lingering doubt penalty defenses '"are often unwise.'" (Id. at p. 864 [9 Cal.Rptr.2d 24, 831 P.2d 249].)" (People v. Padilla (1995) 11 Cal.4th 891, 951, 47 Cal. Rptr.2d 426, 906 P.2d 388.)
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