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Conformity of the
Court's Voting Record On the Guilt Phase
of the 57 Death Penalty Cases

Number of Convictions Overturned
8 (14%) were unanimous votes
2 (3.5%) were 6-1 or 5-1 votes
8 (14%) were 5-2 or 4-2 votes
2
(3.5%)
were 4-3 votes
20 (35%) were overturned

Number of Convictions Affirmed
31 (55%) were unanimous votes
3 (5%) were 6-1 or 5-1 votes
3 (5%) were 5-2 or 4-2 votes
0
(0%)
were 4-3 votes
37 (65%) were affirmed

On the Special Circumstances Phase
of the 37 Death Penalty Convictions Affirmed

Number of Convictions Overturned
4 (11%) were unanimous votes
6 (16%) were 6-1 or 5-1 votes
6 (16%) were 5-2 or 4-2 votes
3
(8%)
were 4-3 votes
19 (51%) were overturned

Number of Convictions Affirmed
14 (38%) were unanimous votes
1 (3%) were 6-1 or 5-1 votes
2 (5%) were 5-2 or 4-2 votes
1
(3%)
were 4-3 votes
18 (49%) were affirmed

On the Penalty Phase of the 191 Death Penalty Cases
in which the Conviction
and Special Circumstances
Were Affirmed

Number of Penalties Overturned
2 (10.5%) were unanimous votes
8 (42%) were 6-1 or 5-1 votes
4 (21%) were 5-2 or 4-2 votes
2
(10.5%)
were 4-3 votes
16 (84%) were overturned

Number of Penalties Overturned
0 (0%) were unanimous votes
0 (0%) were 6-1 or 5-1 votes
2 (10.5%) were 5-2 or 4-2 votes
1
(5.5%)
were 4-3 votes
3 (16%) were affirmed

AMA Commentary

These charts compare the level of agreement in the court's voting record on each of the three phases of the death penalty cases reviewed on automatic appeal by the California Supreme Court since 1979.


1 Includes one case in which the conviction and special circumstances were previously affirmed.
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