• The error most often occurs when the prosecutor or the judge tells the jury that the death sentence, if inappropriate, may be overturned on appeal.
Caldwell error
The constitutionally impermissible error of resting a death sentence on a determination made by a sentencer who has been led to believe that the responsibility for determining the appropriateness of the defendant’s death sentence lies elsewhere. Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633 (1985).
