§Why CasetextPricing

PEOPLE v. WATKINS (PAUL SODOA)

Appellant's Supplemental Opening Brief

22 Cited authorities

  1. Roper v. Simmons

    543 U.S. 551 (2005)   Cited 3,591 times   38 Legal Analyses
    Holding "that the death penalty cannot be imposed upon juvenile offenders"

  2. Atkins v. Virginia

    536 U.S. 304 (2002)   Cited 3,162 times   54 Legal Analyses
    Holding that it violates the Eighth Amendment to execute intellectually disabled defendants

  3. Lockett v. Ohio

    438 U.S. 586 (1978)   Cited 3,760 times   53 Legal Analyses
    Holding that the Ohio death penalty statute, which required imposition of the death penalty once a defendant was found guilty of aggravated murder with at least one of seven specified aggravating factors, unless one of three specified mitigating factors was established by a preponderance of the evidence, violated the Eighth and Fourteenth Amendments because the statute limited the range of mitigating factors that the sentencer could consider

  4. Baze v. Rees

    553 U.S. 35 (2008)   Cited 1,055 times   13 Legal Analyses
    Holding in the Eighth Amendment context that the government's choice of drug can violate the Constitution

  5. Penry v. Lynaugh

    492 U.S. 302 (1989)   Cited 2,086 times   46 Legal Analyses
    Holding that Teague principles apply to capital sentencing

  6. Furman v. Georgia

    408 U.S. 238 (1972)   Cited 3,626 times   27 Legal Analyses
    Holding that death penalty cannot be imposed using sentencing procedures that create a risk of arbitrary and discriminatory enforcement

  7. Enmund v. Florida

    458 U.S. 782 (1982)   Cited 1,765 times   11 Legal Analyses
    Holding the death penalty cruel and unusual punishment for participation in a felony in which an accomplice commits murder, though about a third of American jurisdictions authorized such punishment, and at least six non-triggerman felony murderers had been executed, and three others were on death rows

  8. Tison v. Arizona

    481 U.S. 137 (1987)   Cited 1,367 times   8 Legal Analyses
    Holding "that the reckless disregard for human life implicit in knowingly engaging in criminal activities known to carry a grave risk of death represents a highly culpable mental state"

  9. Graham v. Collins

    506 U.S. 461 (1993)   Cited 500 times   10 Legal Analyses
    Holding that Texas special issues permitted jurors to consider mitigating evidence of youth, family background and positive character under future dangerousness issue

  10. Hopkins v. Reeves

    524 U.S. 88 (1998)   Cited 254 times   2 Legal Analyses
    Holding that Beck requires instruction only on crimes that are lesser included offenses under state law

  11. Section 2903.01 - Aggravated murder

    Ohio Rev. Code § 2903.01   Cited 3,037 times
    Causing death while committing, or attempting to commit or fleeing immediately after committing or attempting to commit aggravated robbery

  12. Section 19.03 - Capital Murder

    Tex. Pen. Code § 19.03   Cited 2,797 times   8 Legal Analyses
    Requiring murder of more than one person during a single criminal transaction

  13. Section 14:30 - First degree murder

    La. Stat. tit. 14 § 30   Cited 1,491 times

    A. First degree murder is the killing of a human being: (1) When the offender has specific intent to kill or to inflict great bodily harm and is engaged in the perpetration or attempted perpetration of aggravated kidnapping, second degree kidnapping, aggravated escape, aggravated arson, aggravated or first degree rape, forcible or second degree rape, aggravated burglary, armed robbery, assault by drive-by shooting, first degree robbery, second degree robbery, simple robbery, terrorism, cruelty to

  14. Section 565.020 - First degree murder, penalty - person under eighteen years of age, penalty

    Mo. Rev. Stat. § 565.020   Cited 466 times   1 Legal Analyses

    1. A person commits the offense of murder in the first degree if he or she knowingly causes the death of another person after deliberation upon the matter. 2. The offense of murder in the first degree is a class A felony, and, if a person is eighteen years of age or older at the time of the offense, the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor. If a person has not reached his or her eighteenth birthday

  15. Section 507.020 - Murder

    Ky. Rev. Stat. § 507.020   Cited 445 times

    (1) A person is guilty of murder when: (a) With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant

  16. Section 4209 - Punishment for first-degree murder committed by adult offenders

    Del. Code tit. 11 § 4209   Cited 348 times   5 Legal Analyses
    Establishing felony murder aggravator

  17. Section 5-10-101 - Capital murder

    Ark. Code § 5-10-101   Cited 341 times   1 Legal Analyses
    Causing death with premeditated and deliberated purpose

  18. Rule 8.520 - Briefs by parties and amici curiae; judicial notice

    Cal. R. 8.520   Cited 3,310 times

    (a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or