20 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 132,898 times   173 Legal Analyses
    Holding that prejudice for IAC claims requires showing "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"
  2. In re Winship

    397 U.S. 358 (1970)   Cited 10,406 times   24 Legal Analyses
    Holding that a person may not be convicted "except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged"
  3. Francis v. Franklin

    471 U.S. 307 (1985)   Cited 1,830 times   8 Legal Analyses
    Holding a mandatory presumption, either conclusive or rebuttable, as to an element violates a defendant's due process rights because it conflicts with the prosecution's burden to prove beyond a reasonable doubt every fact necessary to constitute the crime charged
  4. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 3,712 times   2 Legal Analyses
    In People v Benevento, 91 NY2d 708, 713-14 (1998), the New York Court of Appeals held that "meaningful representation" included a prejudice component which focuses on the "fairness of the process as a whole rather than [any] particular impact on the outcome of the case."
  5. Carella v. California

    491 U.S. 263 (1989)   Cited 522 times   1 Legal Analyses
    Holding that an instruction containing an unconstitutional conclusive presumption was subject to harmless-error analysis
  6. People v. Rudolph

    2013 N.Y. Slip Op. 4840 (N.Y. 2013)   Cited 318 times   2 Legal Analyses
    In Rudolph, the defendant had been convicted of felony drug possession and did not ask the court to adjudicate him a youthful offender.
  7. Smith v. Horn

    120 F.3d 400 (3d Cir. 1997)   Cited 389 times   6 Legal Analyses
    Holding that there was a reasonable likelihood that the jurors convicted Smith of first degree murder because they found that he was an accomplice to robbery
  8. People v. Thomas

    50 N.Y.2d 467 (N.Y. 1980)   Cited 453 times
    Reversing Appellate Division
  9. People v. Patterson

    39 N.Y.2d 288 (N.Y. 1976)   Cited 414 times
    In Patterson the Court did not even mention Mullaney until after it had concluded that the issue on the merits was within the special category that always deserves review despite the absence of contemporaneous objection.
  10. People v. Umali

    2008 N.Y. Slip Op. 4184 (N.Y. 2008)   Cited 109 times
    Holding that "(o)ur task in evaluating a challenge to jury instructions is not limited to the appropriateness of a single remark; instead, we review the context and content of the entire charge"