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In re M-W

70 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 159,337 times   178 Legal Analyses
    Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"

  2. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 8,648 times   131 Legal Analyses
    Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation

  3. Taylor v. United States

    495 U.S. 575 (1990)   Cited 5,241 times   27 Legal Analyses
    Holding that the term "burglary" as used in the Armed Career Criminal Act was to be given its "generic, contemporary meaning" to avoid a scenario in which "a person ... would, or would not, receive a sentence enhancement based on exactly the same conduct, depending on whether the State of his prior conviction happened to call that conduct ‘burglary’ "

  4. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,155 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  5. Rummel v. Estelle

    445 U.S. 263 (1980)   Cited 2,671 times   2 Legal Analyses
    Holding that Texas's recidivist statute did not violate the Eighth Amendment and declining to engage in "extensive intrusion into the basic line-drawing process that is pre-eminently the province of the legislature when it makes an act criminal"

  6. Mullaney v. Wilbur

    421 U.S. 684 (1975)   Cited 3,173 times   3 Legal Analyses
    Holding that due process requires "prosecution [to] prove beyond a reasonable doubt every fact necessary to constitute the crime charged"

  7. Montana v. Egelhoff

    518 U.S. 37 (1996)   Cited 1,314 times   3 Legal Analyses
    Holding that the exclusion of even relevant evidence does not violate due process unless it implicates a "fundamental principle of justice"

  8. Patterson v. New York

    432 U.S. 197 (1977)   Cited 2,361 times   5 Legal Analyses
    Holding that due process does not create “a constitutional imperative, operative countrywide, that a State must disprove beyond a reasonable doubt every fact constituting any and all affirmative defenses related to the culpability of an accused.”

  9. Enmund v. Florida

    458 U.S. 782 (1982)   Cited 1,750 times   11 Legal Analyses
    Holding the death penalty cruel and unusual punishment for participation in a felony in which an accomplice commits murder, though about a third of American jurisdictions authorized such punishment, and at least six non-triggerman felony murderers had been executed, and three others were on death rows

  10. Tison v. Arizona

    481 U.S. 137 (1987)   Cited 1,351 times   8 Legal Analyses
    Holding "that the reckless disregard for human life implicit in knowingly engaging in criminal activities known to carry a grave risk of death represents a highly culpable mental state"

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,387 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  12. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,450 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,910 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 1111 - Murder

    18 U.S.C. § 1111   Cited 2,114 times   7 Legal Analyses
    Punishing homicide "[w]ithin the special maritime and territorial jurisdiction of the United States"