The People, Plaintiff and Respondent v. Paul Gordon Smith, Jr., Defendant and Appellant

Summary

The court affirmed defendant’s convictions, including first degree murder with a torture special circumstance, but reversed the death judgment. It held that the penalty-phase court improperly excluded expert testimony about prison security measures that could have rebutted the prosecution’s evidence and argument that defendant would remain dangerous in custody. Because the court could not conclude beyond a reasonable doubt that the jury would have imposed death had it heard the evidence, a new penalty determination was required.