72 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 21,700 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”
  2. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 68,611 times   16 Legal Analyses
    Holding that court must presume trier of fact resolved all inferences in favor of the prosecution "even if it does not affirmatively appear in the record"
  3. Alleyne v. United States

    570 U.S. 99 (2013)   Cited 6,142 times   19 Legal Analyses
    Holding that "any fact that increases the mandatory minimum is an 'element' that must be submitted to the jury"
  4. In re Winship

    397 U.S. 358 (1970)   Cited 10,349 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"
  5. Patterson v. New York

    432 U.S. 197 (1977)   Cited 2,186 times   5 Legal Analyses
    Holding that due process does not create “a constitutional imperative, operative countrywide, that a State must disprove beyond a reasonable doubt every fact constituting any and all affirmative defenses related to the culpability of an accused.”
  6. Staples v. United States

    511 U.S. 600 (1994)   Cited 889 times   6 Legal Analyses
    Holding that the Government must show that the defendant knew the device had the characteristics that brought it within the scope of the NFA
  7. People v. Glover

    57 N.Y.2d 61 (N.Y. 1982)   Cited 856 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.
  8. Drinkard v. Walker

    281 Ga. 211 (Ga. 2006)   Cited 251 times
    Holding that certain offenses may be merged and multiple punishment may be precluded, when the same conduct establishes the commission of more than one crime
  9. People v. Watts

    57 N.Y.2d 299 (N.Y. 1982)   Cited 365 times
    Holding that defendant's statement that victim "came after [defendant] in his room with a kitchen knife," standing alone, "provides no basis for determining that he was in imminent danger of being subjected to deadly physical force"
  10. 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.
  11. Section 16-7-1 - Burglary

    Ga. Code § 16-7-1   Cited 717 times
    Defining burglary
  12. Section 16-1-6 - Conviction for lesser included offenses

    Ga. Code § 16-1-6   Cited 485 times   1 Legal Analyses
    Explaining that one crime is included in another when "[i]t is established by proof of ... a less culpable mental state"
  13. Section 16-8-2 - Theft by taking

    Ga. Code § 16-8-2   Cited 448 times
    Defining theft by taking
  14. Section 16-7-21 - Criminal trespass

    Ga. Code § 16-7-21   Cited 278 times
    Prohibiting knowing and unauthorized entry upon another's land
  15. Section 17-9-1 - When direction of verdict of acquittal authorized; when motion for directed verdict of acquittal allowed; effect of motion upon defendant's right to present evidence and right to jury trial; assent of jury not required

    Ga. Code § 17-9-1   Cited 260 times

    (a) Where there is no conflict in the evidence and the evidence introduced with all reasonable deductions and inferences therefrom shall demand a verdict of acquittal or "not guilty" as to the entire offense or to some particular count or offense, the court may direct the verdict of acquittal to which the defendant is entitled under the evidence and may allow the trial to proceed only as to the counts or offenses remaining, if any. (b) The defendant shall be entitled to move for a directed verdict

  16. Section 16-1-3 - Definitions

    Ga. Code § 16-1-3   Cited 160 times   1 Legal Analyses
    Defining “person” to include governments
  17. Section 16-2-2 - Effect of misfortune or accident on guilt

    Ga. Code § 16-2-2   Cited 154 times
    Excluding an accident defense where there was criminal intention or criminal negligence
  18. Section 16-2-1 - "Crime" defined

    Ga. Code § 16-2-1   Cited 106 times
    Defining a “crime” as “a violation of a statute of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence”
  19. Section 16-3-5 - Mistake of fact

    Ga. Code § 16-3-5   Cited 71 times

    A person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by a misapprehension of fact which, if true, would have justified the act or omission. OCGA § 16-3-5

  20. Section 53a-103 - Burglary in the third degree: Class D felony

    Conn. Gen. Stat. § 53a-103   Cited 37 times

    (a) A person is guilty of burglary in the third degree when he enters or remains unlawfully in a building with intent to commit a crime therein. (b) Burglary in the third degree is a class D felony. Conn. Gen. Stat. § 53a-103 (1969, P.A. 828, S. 105.) Cited. 161 Conn. 283; 173 C. 317; 174 C. 253; 176 C. 299; 182 C. 52; Id., 176; Id., 242; 183 C. 225; Id., 444; 184 C. 95; Id., 215; Id., 369; 186 C. 648; 187 Conn. 6; Id., 292; Id., 444; 189 C. 364; Id., 717; 190 Conn. 496; 191 C. 146; Id., 180; 193