Limitations on the Use of Evidence From Evaluations of Competence to Stand Trial in the Penalty Phase

摘要

The Florida Supreme Court overturned a defendant`s death sentence and remanded the case for a new penalty phase in Caraballo v. State , 39 So. 3d 1234 (Fla. 2010). At issue was the penalty phase, during which the state used the testimony of a mental health expert who had evaluated the defendant`s