64 Cited authorities

Godfrey v. Georgia
446 U.S. 420 (1980) Cited 1,174 times 20 Legal Analyses
Holding that capital sentencing statutes must "channel the sentencer's discretion by clear and objective standards that provide specific and detailed guidance, and that make rationally reviewable the process for imposing a sentence of death"
Morissette v. United States
342 U.S. 246 (1952) Cited 2,271 times 15 Legal Analyses
Holding that it is a defense to a charge of "knowingly converting" federal property that one did not know that what one was doing was a conversion
Hoffman v. United States
341 U.S. 479 (1951) Cited 1,695 times 13 Legal Analyses
Holding that a defendant could not be compelled to testify about the whereabouts of a fugitive witness where defendant’s answers would have "forge[d] links in a chain of facts imperiling [defendant] with conviction of a federal crime"
People v. Gonzalez
68 N.Y.2d 424 (N.Y. 1986) Cited 984 times 2 Legal Analyses
In People v Gonzalez (68 NY2d 424 [1986]), we set forth the conditions necessary to warrant a missing witness charge and a burden-shifting analysis to determine whether those conditions are met.
People v. Glover
57 N.Y.2d 61 (N.Y. 1982) Cited 893 times 1 Legal Analyses
In Glover (57 NY2d at 63), we established a two-pronged test to determine when a defendant is entitled to have a lesser included offense charged.
People v. Concepcion
2011 N.Y. Slip Op. 5110 (N.Y. 2011) Cited 224 times
Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"
Maxwell v. Roe
628 F.3d 486 (9th Cir. 2010) Cited 153 times 3 Legal Analyses
Holding that false testimony was material because it came from a " ‘make-or-break’ witness for the State" and there was a "paucity of other evidence"
People v. Gonzalez
1 N.Y.3d 464 (N.Y. 2004) Cited 182 times 1 Legal Analyses
Holding that depraved indifference murder conviction was "unsupportable as a matter of law" where defendant "was guilty of intentional shooting or no other"
People v. Cahill
2 N.Y.3d 14 (N.Y. 2003) Cited 180 times 1 Legal Analyses
Holding that, if the intent of a burglary is to commit murder, then it cannot be said that the murder was carried out "in furtherance of" the burglary, because the burglary "was merely a prerequisite to . . . committing the murder"
People v. Green
56 N.Y.2d 427 (N.Y. 1982) Cited 319 times 1 Legal Analyses
Holding that lower mental states are "necessarily subsumed within the higher mental states"
Section 1111.5 - Corroboration of in-custody informant
Cal. Pen. Code § 1111.5 Cited 33 times
In section 1111.5, the requirement for corroboration of an in-custody informant's testimony is limited to convicting a defendant, finding a special circumstance to be true, or using a fact in aggravation.

The People, Respondent,v.William Henderson, Appellant.

64 Cited authorities

Holding that capital sentencing statutes must "channel the sentencer's discretion by clear and objective standards that provide specific and detailed guidance, and that make rationally reviewable the process for imposing a sentence of death"

Holding that it is a defense to a charge of "knowingly converting" federal property that one did not know that what one was doing was a conversion

Holding that a defendant could not be compelled to testify about the whereabouts of a fugitive witness where defendant’s answers would have "forge[d] links in a chain of facts imperiling [defendant] with conviction of a federal crime"

In People v Gonzalez (68 NY2d 424 [1986]), we set forth the conditions necessary to warrant a missing witness charge and a burden-shifting analysis to determine whether those conditions are met.

In Glover (57 NY2d at 63), we established a two-pronged test to determine when a defendant is entitled to have a lesser included offense charged.

Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"

Holding that false testimony was material because it came from a " ‘make-or-break’ witness for the State" and there was a "paucity of other evidence"

Holding that depraved indifference murder conviction was "unsupportable as a matter of law" where defendant "was guilty of intentional shooting or no other"

Holding that, if the intent of a burglary is to commit murder, then it cannot be said that the murder was carried out "in furtherance of" the burglary, because the burglary "was merely a prerequisite to . . . committing the murder"

Holding that lower mental states are "necessarily subsumed within the higher mental states"

In section 1111.5, the requirement for corroboration of an in-custody informant's testimony is limited to convicting a defendant, finding a special circumstance to be true, or using a fact in aggravation.