What mitigating evidence of dubious strength would have been available if the jury had deliberated more than five hours?
MultiRegion, United States of America
The following excerpt is from Ochoa v. Davis, 16-99008 (9th Cir. 2021):
[2] That the jury deliberated for only approximately five hours suggests that additional mitigating evidence of dubious strength would not have made a difference. Cf. United States v. Velarde-Gomez, 269 F.3d 1023, 1036 (9th Cir. 2001) (en banc) ("Longer jury deliberations weigh against a finding of harmless error [because l]engthy deliberations suggest a difficult case." (internal quotation marks and citation omitted)).
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