§Why CasetextPricing

PEOPLE v. TULLY (RICHARD C.)

Appellant's Reply Brief

285 Cited authorities

  1. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,726 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"

  2. Estelle v. McGuire

    502 U.S. 62 (1991)   Cited 20,018 times   9 Legal Analyses
    Holding that a federal habeas court may not reexamine state court determinations of state law questions

  3. Village of Willowbrook v. Olech

    528 U.S. 562 (2000)   Cited 6,378 times   12 Legal Analyses
    Holding that a class of one could challenge different treatment under the Equal Protection Clause where treatment was alleged to be "irrational and wholly arbitrary"

  4. Cunningham v. California

    549 U.S. 270 (2007)   Cited 4,294 times   4 Legal Analyses
    Holding that the "jury-trial guarantee proscribes a sentencing scheme that allows a judge to impose a sentence above the statutory maximum based on a fact, other than a prior conviction, not found by the jury or admitted by the defendant"

  5. Berghuis, Warden v. Thompkins

    560 U.S. 370 (2010)   Cited 2,864 times   14 Legal Analyses
    Holding that federal courts can "deny writs of habeas corpus under § 2254 by engaging in de novo review when it is unclear whether AEDPA deference applies"

  6. Roper v. Simmons

    543 U.S. 551 (2005)   Cited 3,503 times   38 Legal Analyses
    Holding "that the death penalty cannot be imposed upon juvenile offenders"

  7. Atkins v. Virginia

    536 U.S. 304 (2002)   Cited 3,127 times   54 Legal Analyses
    Holding that it violates the Eighth Amendment to execute intellectually disabled defendants

  8. Arizona v. Fulminante

    499 U.S. 279 (1991)   Cited 5,303 times   20 Legal Analyses
    Holding that involuntary confessions are subject to harmless-error review

  9. Darden v. Wainwright

    477 U.S. 168 (1986)   Cited 6,579 times   21 Legal Analyses
    Holding comments casting the death penalty as the only guarantee against future similar acts do not deprive the defendant of a fair trial as long as they "d[o] not manipulate or misstate the evidence"

  10. United States v. Cotton

    535 U.S. 625 (2002)   Cited 2,954 times   2 Legal Analyses
    Holding that the indictment's failure to allege facts about drug quantity, which increased the statutory maximum sentence, did not affect the fairness or integrity of the judicial proceedings because the proof of drug quantity was overwhelming

  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,596 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,599 times   135 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 1101 - Evidence of character to prove conduct

    Cal. Evid. Code § 1101   Cited 6,057 times   2 Legal Analyses
    Regarding admissibility of character evidence

  14. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 5,970 times   4 Legal Analyses
    Prescribing penalty of death or LWOP for special circumstance murder

  15. Section 240 - Assault

    Cal. Pen. Code § 240   Cited 2,008 times   1 Legal Analyses
    Defining "assault" as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another"

  16. Section 1330 - Actions against foreign states

    28 U.S.C. § 1330   Cited 1,647 times   13 Legal Analyses
    Granting district courts with jurisdiction over claims against "foreign state"

  17. Section 1602 - Findings and declaration of purpose

    28 U.S.C. § 1602   Cited 1,440 times   16 Legal Analyses
    Setting forth Congressional findings and the purposes of FSIA

  18. Section 1350 - Alien's action for tort

    28 U.S.C. § 1350   Cited 1,166 times   64 Legal Analyses
    Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"

  19. Section 190.4 - Special circumstances

    Cal. Pen. Code § 190.4   Cited 774 times   1 Legal Analyses
    In section 190.4, subdivision (e), it provides in pertinent part that, "[i]n every case in which the trier of fact has returned a verdict or finding imposing the death penalty, the defendant shall be deemed to have made an application for modification of such verdict or finding pursuant to Subdivision 7 of Section 11 [ sic: read Section 1181]" on the ground that it is "contrary to law or the evidence presented."

  20. Section 600 - Presumption and inference defined

    Cal. Evid. Code § 600   Cited 329 times   1 Legal Analyses
    Defining and distinguishing "presumption" and "inference"