70 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,894 times   176 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. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,650 times   100 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
  3. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,419 times   82 Legal Analyses
    Holding that the Sixth Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"
  4. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 8,616 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
  5. Hill v. Lockhart

    474 U.S. 52 (1985)   Cited 20,020 times   34 Legal Analyses
    Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue
  6. Teague v. Lane

    489 U.S. 288 (1989)   Cited 7,707 times   99 Legal Analyses
    Holding that the rule announced in Taylor v. Louisiana requiring the jury venire be drawn from a fair cross section of the community is procedural and does not apply retroactively
  7. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,494 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"
  8. Schriro v. Summerlin

    542 U.S. 348 (2004)   Cited 2,207 times   12 Legal Analyses
    Holding "[n]ew substantive rules generally apply retroactively"
  9. Chaidez v. United States

    568 U.S. 342 (2013)   Cited 1,473 times   12 Legal Analyses
    Holding that Padilla could not be applied retroactively to cases which became final before the case was decided
  10. Tyler v. Cain

    533 U.S. 656 (2001)   Cited 1,463 times   7 Legal Analyses
    Holding that "made" means "held" under identical language in § 2244(b) and that it must be held retroactive by the Supreme Court
  11. Section 2254 - State custody; remedies in Federal courts

    28 U.S.C. § 2254   Cited 204,528 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 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 90,899 times   147 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
  13. Section 2244 - Finality of determination

    28 U.S.C. § 2244   Cited 65,311 times   166 Legal Analyses
    Holding that § 2255 incorporates § 2244(b) as part of the certification procedures of § 2244 and instructing that "the district court must dismiss the motion that we have allowed the applicant to file, without reaching the merits of the motion, if the court finds that the movant has not satisfied the requirements for the filing of such a motion."
  14. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,351 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
  15. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,714 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
  16. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,882 times   40 Legal Analyses
    Granting this discretion to the Attorney General
  17. Section 1229b - Cancellation of removal; adjustment of status

    8 U.S.C. § 1229b   Cited 5,076 times   24 Legal Analyses
    Granting the Attorney General discretion to cancel the removal of an alien who has “been battered or subjected to extreme cruelty by a ... parent who is ... a United States citizen”
  18. Section 1 to 18 - Repealed or Omitted

    8 U.S.C. § 1 - 8 U.S.C. § 18   Cited 45 times
    Authorizing the Attorney General to order deportation of resident alien following certain criminal convictions
  19. Section 110 - Repealed

    8 U.S.C. § 110   Cited 22 times

    8 U.S.C. § 110 June 27, 1952, ch. 477, title IV, §403(a)(25), 66 Stat. 279, eff. Dec. 24, 1952 Section, acts Feb. 27, 1925, ch. 364, title IV, 43 Stat. 1049; Aug. 7, 1946, ch. 768, 60 Stat. 865; Mar. 20, 1952, ch. 108, §2, 66 Stat. 26, related to arrest of aliens without warrant. See section 1357 of this title.