72 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,644 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 77,625 times   16 Legal Analyses
    Holding that courts conducting review of the sufficiency of the evidence to support a criminal conviction should view the "evidence in the light most favorable to the prosecution"
  3. Alleyne v. United States

    570 U.S. 99 (2013)   Cited 8,125 times   18 Legal Analyses
    Holding any fact that increases the mandatory minimum sentence for a crime must be submitted to a jury
  4. In re Winship

    397 U.S. 358 (1970)   Cited 11,644 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt
  5. Patterson v. New York

    432 U.S. 197 (1977)   Cited 2,356 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 1,153 times   6 Legal Analyses
    Holding that a presumption of mens rea applies to statute otherwise silent on knowledge and thus requiring defendant to have known that the gun was an automatic
  7. 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.
  8. Drinkard v. Walker

    281 Ga. 211 (Ga. 2006)   Cited 278 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. Muhammad

    2011 N.Y. Slip Op. 7302 (N.Y. 2011)   Cited 183 times   1 Legal Analyses
    Stating that acquittals on weapon possession counts "did not inherently negate" the element of "intent to cause serious physical injury" of first-degree assault by means of a weapon
  10. People v. Watts

    57 N.Y.2d 299 (N.Y. 1982)   Cited 394 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"
  11. Section 16-7-1 - Burglary

    Ga. Code § 16-7-1   Cited 759 times   2 Legal Analyses
    Involving "any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another"
  12. Section 16-1-6 - Conviction for lesser included offenses

    Ga. Code § 16-1-6   Cited 510 times   1 Legal Analyses
    Explaining that one crime is included in another when "[i]t is established by proof of the same or less than all the facts"
  13. Section 16-8-2 - Theft by taking

    Ga. Code § 16-8-2   Cited 474 times   3 Legal Analyses
    Defining theft by taking
  14. Section 16-7-21 - Criminal trespass

    Ga. Code § 16-7-21   Cited 290 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 268 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 176 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 164 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 125 times
    Defining "crime" generally
  19. Section 16-3-5 - Mistake of fact

    Ga. Code § 16-3-5   Cited 75 times
    Defining mistake of fact
  20. Section 53a-103 - Burglary in the third degree: Class D felony

    Conn. Gen. Stat. § 53a-103   Cited 49 times
    Involving a "building" which "in addition to its ordinary meaning, includes any watercraft, aircraft, trailer, sleeping car, railroad car, or other structure or vehicle or any building with a valid certificate of occupancy."