56 Cited authorities

  1. Miller-El v. Cockrell

    537 U.S. 322 (2003)   Cited 48,669 times   14 Legal Analyses
    Holding that the government's exclusion of 10 out of 14, or 91%, of Black prospective jurors—along with the state's unreliable justifications—showed purposeful discrimination
  2. Harrington v. Richter

    562 U.S. 86 (2011)   Cited 26,485 times   22 Legal Analyses
    Holding that AEDPA deference applies even when state court issues summary ruling
  3. Williams v. Taylor

    529 U.S. 362 (2000)   Cited 37,882 times   65 Legal Analyses
    Holding that counsel's performance was deficient when their investigation failed to uncover "extensive records" filled with mitigation evidence concerning the defendant's family history, education, mental health, and rehabilitation
  4. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,801 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"
  5. O'Sullivan v. Boerckel

    526 U.S. 838 (1999)   Cited 17,900 times   12 Legal Analyses
    Holding that, to ensure exhaustion a petitioner must present their claims throughout "one complete round of the State's established appellate review process."
  6. Coleman v. Thompson

    501 U.S. 722 (1991)   Cited 26,318 times   49 Legal Analyses
    Holding in relevant part that federal habeas review of a procedurally defaulted claim is barred "unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law"
  7. Rhines v. Warden

    544 U.S. 269 (2005)   Cited 10,515 times   2 Legal Analyses
    Holding that the district court should allow a petitioner to "delete the unexhausted claims and to proceed with the exhausted claims if dismissal of the entire petition would unreasonably impair the petitioner's right to obtain federal relief"
  8. Lockyer v. Andrade

    538 U.S. 63 (2003)   Cited 11,129 times   3 Legal Analyses
    Holding that pro se prisoner's timely motion for an extension to file an appeal was the functional equivalent of a notice of appeal
  9. Wiggins v. Smith

    539 U.S. 510 (2003)   Cited 9,511 times   45 Legal Analyses
    Holding that counsel's performance was deficient when they failed to expand their investigation into the defendant's life history "after having acquired only rudimentary knowledge of his history from a narrow set of sources," especially when those sources indicated the existence of helpful mitigation evidence
  10. Renico v. Lett

    559 U.S. 766 (2010)   Cited 5,245 times   2 Legal Analyses
    Holding that a state court was not obligated to employ a three-part test enunciated by the circuit court, because those factors were not clearly established by Supreme Court precedent
  11. Section 2254 - State custody; remedies in Federal courts

    28 U.S.C. § 2254   Cited 205,088 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 2253 - Appeal

    28 U.S.C. § 2253   Cited 115,301 times   58 Legal Analyses
    Conditioning the taking of an appeal on the issuance of a "certificate of appealability"
  13. Rule 22 - Habeas Corpus and Section 2255 Proceedings

    Fed. R. App. P. 22   Cited 23,545 times   8 Legal Analyses
    Explaining that an application for habeas relief requires that "a circuit justice or a circuit or district judge issue[] a certificate of appealability" before an appeal is taken
  14. Section 440.10 - Motion to vacate judgment

    N.Y. Crim. Proc. Law § 440.10   Cited 9,061 times   6 Legal Analyses
    Stating that the court “must deny” a § 440.10 motion when sufficient facts appear on the record to permit appellate review of the claim and the defendant unjustifiably failed to raise that issue on direct appeal
  15. Section 265.03 - Criminal possession of a weapon in the second degree

    N.Y. Penal Law § 265.03   Cited 2,558 times   2 Legal Analyses
    Finding a person guilty of second degree criminal possession of a weapon when he or she "possesses any loaded firearm . . . [outside of a] person's home or place of business."
  16. Section 265.02 - Criminal possession of a weapon in the third degree

    N.Y. Penal Law § 265.02   Cited 1,638 times   1 Legal Analyses
    Prohibiting Tasers and stun guns
  17. Section 120.10 - Assault in the first degree

    N.Y. Penal Law § 120.10   Cited 1,525 times
    Causing serious physical injury with a dangerous instrument
  18. Section 155.35 - [Effective Until 7/19/2024] Grand larceny in the third degree

    N.Y. Penal Law § 155.35   Cited 667 times
    Pertaining to grand larceny in the third degree
  19. Section 165.45 - Criminal possession of stolen property in the fourth degree

    N.Y. Penal Law § 165.45   Cited 428 times   1 Legal Analyses
    Finding a person guilty of fourth degree criminal possession of stolen property when he or she "knowingly possess stolen property, with the intent to benefit himself or [another] . . . other than owner thereof or to impede recovery by the owner, and when: . . . [t]he property consists of one or more firearms . . . ."
  20. Section 165.50 - Criminal possession of stolen property in the third degree

    N.Y. Penal Law § 165.50   Cited 260 times

    A person is guilty of criminal possession of stolen property in the third degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds three thousand dollars. Criminal possession of stolen property in the third degree is a class D felony. N.Y. Penal Law § 165.50