§Why CasetextPricing

The People, Respondent,v.Tyrone Davis, Appellant.

Brief

25 Cited authorities

  1. O'Sullivan v. Boerckel

    526 U.S. 838 (1999)   Cited 17,818 times   12 Legal Analyses
    Holding that, to ensure exhaustion a petitioner must present their claims throughout "one complete round of the State's established appellate review process."

  2. In re Winship

    397 U.S. 358 (1970)   Cited 11,645 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  3. People v. Lopez

    2006 N.Y. Slip Op. 1195 (N.Y. 2006)   Cited 3,890 times   1 Legal Analyses
    Holding that an appeal waiver encompasses "any issue that does not involve a right of constitutional dimension going to "the very heart of the process," and ruling that a valid appeal waiver precludes review of claims that a sentence is harsh or excessive

  4. People v. Bradshaw

    2011 N.Y. Slip Op. 8963 (N.Y. 2011)   Cited 1,390 times
    Requiring colloquy before accepting waivers of right to appeal

  5. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,855 times   3 Legal Analyses
    In Lopez, the New York Court of Appeals recognized "the rare case" where a defendant's plea allocution "casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea[.]"

  6. People v. Seaberg

    74 N.Y.2d 1 (N.Y. 1989)   Cited 1,838 times   1 Legal Analyses
    Rejecting Bourne

  7. People v. Callahan

    80 N.Y.2d 273 (N.Y. 1992)   Cited 1,145 times
    Holding that "a bargained-for waiver of the right to appeal is ineffective to the extent it impairs the defendant's ability to obtain appellate review" of unwaivable claims

  8. People v. Mahboubian

    74 N.Y.2d 174 (N.Y. 1989)   Cited 557 times   2 Legal Analyses
    Finding prejudice where defendants's defenses "were not only antagonistic but also mutually exclusive and irreconcilable" and "[t]he jury could not have credited both defenses"

  9. Jordan v. Lefevre

    206 F.3d 196 (2d Cir. 2000)   Cited 315 times   2 Legal Analyses
    Holding that the trial court erred by “engag[ing] in a perfunctory exercise designed to speed the proceedings along” without “comply[ing] with the letter, much less the spirit, of Batson ” and stating that the court disapproves of “a trial court conducting its review of a Batson challenge with undue haste and ruling in a summary fashion”

  10. People v. Nixon

    21 N.Y.2d 338 (N.Y. 1967)   Cited 531 times
    In People v. Nixon, 21 N.Y.2d 338, 355, 287 N.Y.S.2d 659, 234 N.E.2d 687 (1967), we renounced what we referred to as “the catechism system” for taking guilty pleas.

  11. Section 2254 - State custody; remedies in Federal courts

    28 U.S.C. § 2254   Cited 204,391 times   341 Legal Analyses
    Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"

  12. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,343 times   92 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

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,882 times   40 Legal Analyses
    Granting this discretion to the Attorney General