223 Cited authorities

  1. United States v. Booker

    543 U.S. 220 (2005)   Cited 22,842 times   24 Legal Analyses
    Holding the Sentencing Guidelines are advisory
  2. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 70,285 times   17 Legal Analyses
    Holding that court must presume trier of fact resolved all inferences in favor of the prosecution "even if it does not affirmatively appear in the record"
  3. Liteky v. United States

    510 U.S. 540 (1994)   Cited 6,023 times   6 Legal Analyses
    Holding that judicial rulings are "[a]lmost invariably . . . proper grounds for appeal, not for recusal"
  4. Atkins v. Virginia

    536 U.S. 304 (2002)   Cited 2,797 times   54 Legal Analyses
    Holding that the execution of mentally retarded offenders violates the Eighth Amendment
  5. Arizona v. Fulminante

    499 U.S. 279 (1991)   Cited 4,635 times   21 Legal Analyses
    Holding that the doctrine of harmless error applies to the violation of the defendant’s Fifth Amendment right against self-incrimination through the admission at trial of an involuntary confession
  6. Santosky v. Kramer

    455 U.S. 745 (1982)   Cited 7,313 times   4 Legal Analyses
    Holding that "[b]efore a State may sever ... the rights of parents in their natural child, due process requires that the State support its allegations by at least clear and convincing evidence"
  7. Darden v. Wainwright

    477 U.S. 168 (1986)   Cited 5,593 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"
  8. In re Winship

    397 U.S. 358 (1970)   Cited 10,557 times   24 Legal Analyses
    Holding that a person may not be convicted "except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged"
  9. Sullivan v. Louisiana

    508 U.S. 275 (1993)   Cited 2,870 times   15 Legal Analyses
    Holding that correct inquiry for harmless error review is "whether the guilty verdict actually rendered in this trial was surely unattributable to the error" (second emphasis added)
  10. Hewitt v. Helms

    459 U.S. 460 (1983)   Cited 4,491 times   2 Legal Analyses
    Holding that moving a prisoner from general population to administrative segregation is a deprivation of liberty that must be accompanied by due process of law
  11. Section 848 - Continuing criminal enterprise

    21 U.S.C. § 848   Cited 3,031 times   29 Legal Analyses
    Recognizing the court's authority in certain situations to "impose a sentence, other than death, authorized by law"
  12. Section 664

    Cal. Pen. Code § 664   Cited 2,778 times
    Prescribing punishments for attempt crimes
  13. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 994 times   4 Legal Analyses
    Committing first degree murder during commission of sexual crime on child under fourteen years old makes defendant eligible for death penalty
  14. Section 1239

    Cal. Pen. Code § 1239   Cited 565 times

    (a) Where an appeal lies on behalf of the defendant or the people, it may be taken by the defendant or his or her counsel, or by counsel for the people, in the manner provided in rules adopted by the Judicial Council. (b) When upon any plea a judgment of death is rendered, an appeal is automatically taken by the defendant without any action by him or her or his or her counsel. The defendant's trial counsel, whether retained by the defendant or court appointed, shall continue to represent the defendant

  15. Section 190

    Cal. Pen. Code § 190   Cited 410 times

    (a) Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. The penalty to be applied shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and 190.5. Except as provided in subdivision (b), (c), or (d), every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term

  16. Section 190.3 - Dealth penalty for defendant found guilty of first degree murder with special circumstance

    Cal. Pen. Code § 190.3   Cited 366 times   6 Legal Analyses
    Providing that, "[i]n determining the penalty, the trier of fact shall take into account" any relevant listed factors
  17. Section 3532

    Cal. Civ. Code § 3532   Cited 213 times

    The law neither does nor requires idle acts. Ca. Civ. Code § 3532

  18. Section 3 - Retroactivity

    Cal. Pen. Code § 3   Cited 155 times
    Stating that "No part of" Penal Code "is retroactive, unless expressly so declared."
  19. Section 1 - Short title

    Cal. Evid. Code § 1   Cited 131 times

    This code shall be known as the Evidence Code. Ca. Evid. Code § 1

  20. Section 25 - Diminished capacity

    Cal. Pen. Code § 25   Cited 95 times

    (a) The defense of diminished capacity is hereby abolished. In a criminal action, as well as any juvenile court proceeding, evidence concerning an accused person's intoxication, trauma, mental illness, disease, or defect shall not be admissible to show or negate capacity to form the particular purpose, intent, motive, malice aforethought, knowledge, or other mental state required for the commission of the crime charged. (b) In any criminal proceeding, including any juvenile court proceeding, in which