§Why CasetextPricing

Gardner v. Luna

MOTION

12 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 164,040 times   179 Legal Analyses
    Holding that to establish prejudice, defendant must show "a reasonably probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"

  2. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,936 times   83 Legal Analyses
    Holding that the Confrontation Clause applies only to testimonial statements

  3. Brecht v. Abrahamson

    507 U.S. 619 (1993)   Cited 12,195 times   30 Legal Analyses
    Holding that the Court is not bound by assumptions in previous cases

  4. Chapman v. California

    386 U.S. 18 (1967)   Cited 24,015 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"

  5. Kimmelman v. Morrison

    477 U.S. 365 (1986)   Cited 6,010 times   7 Legal Analyses
    Holding that, if trial counsel's failure to litigate a constitutional claim competently "is the principal allegation of ineffectiveness," petitioner must also prove that the underlying constitutional claim is "meritorious"

  6. Ohio v. Roberts

    448 U.S. 56 (1980)   Cited 4,679 times   16 Legal Analyses
    Holding that the question of good-faith effort is a question of reasonableness, and a prosecutor is not required to do a futile act

  7. Idaho v. Wright

    497 U.S. 805 (1990)   Cited 1,711 times   5 Legal Analyses
    Holding that to have "particularized guarantees of trustworthiness," hearsay evidence "must possess indicia of reliability by virtue of its inherent trustworthiness, not by reference to other evidence at trial"

  8. People v. Coy

    243 Mich. App. 283 (Mich. Ct. App. 2000)   Cited 62 times
    Holding that admission of evidence that defendant's DNA profile was consistent with DNA profiles from mixed blood samples was plain error warranting reversal because no testimony was provided to explain the statistical significance of a potential match

  9. Whorton v. Bockting

    549 U.S. 406 (2007)   Cited 1 times   1 Legal Analyses

    No. 05-595. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Argued November 1, 2006. Decided February 28, 2007. At respondent's trial for sexual assault on his 6-year-old stepdaughter, the court determined that the child was too distressed to testify and allowed respondent's wife and a police detective to recount her out-of-court statements about the assaults, as permitted by Nevada law, rejecting respondent's claim that admitting this testimony would violate the Confrontation

  10. Ryan v. State

    899 P.2d 1371 (Alaska Ct. App. 1995)   Cited 19 times
    Holding that an attack on an indictment is not a "dispositive" claim for purposes of a Cooksey plea unless a ruling in the defendant's favor would preclude re-indictment

  11. Section 2254 - State custody; remedies in Federal courts

    28 U.S.C. § 2254   Cited 212,158 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 2241 - Power to grant writ

    28 U.S.C. § 2241   Cited 85,014 times   55 Legal Analyses
    Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"