559 U.S. 133 (2010) Cited 2,751 times 14 Legal Analyses
Holding that 18 U.S.C. § 924(e) ’s nearly identical "physical force" clause "means violent force—that is, force capable of causing physical pain or injury to another person"
535 U.S. 654 (2002) Cited 314 times 6 Legal Analyses
Holding that “a suspended sentence that may ‘end up in the actual deprivation of a person's liberty’ may not be imposed unless the defendant was accorded ‘the guiding hand of counsel’ in the prosecution for the crime charged”
76 Cal.App.4th 305 (Cal. Ct. App. 1999) Cited 120 times
Reversing prison prior enhancements where court asked defense counsel if there would "be an admission," counsel said defendant was "willing to admit," and prosecutor then read allegations of priors to defendant, who admitted them; court of appeal noted "there were no admonitions" regarding defendant's trial rights on the priors
Holding that a defendant who conceded that the PSR correctly applied the Guidelines did not waive his right to challenge his sentence where there was no evidence that he considered objecting but for “some tactical or other reason” rejected the idea
Holding that, because particularly serious crime determinations are discretionary, “[s]ection 1252(B) divests this court of jurisdiction to review this issue”
71 Cal.App.4th 1050 (Cal. Ct. App. 1999) Cited 57 times
In People v. Thurston (1999) 71 Cal.App.4th 1050, an appellate court interpreted section 273.5, subdivision (a), a statute whose wording is similar to that of section 273d.
8 U.S.C. § 1101 Cited 16,394 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