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In re M-W

70 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 162,037 times   179 Legal Analyses
    Holding that ineffective assistance of counsel requires two showings: one, that "counsel's performance was deficient," and two, that "the deficient performance prejudiced the defense"

  2. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 8,855 times   132 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 5,284 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 1,171 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 2,703 times   3 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 3,206 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 1,338 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 2,380 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 1,766 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 1,368 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 16,705 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 10,668 times   6 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 8,031 times   41 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 1111 - Murder

    18 U.S.C. § 1111   Cited 2,196 times   7 Legal Analyses
    Punishing homicide "[w]ithin the special maritime and territorial jurisdiction of the United States"