§Why CasetextPricing

PEOPLE v. HOUSTON (ERIC C.)

Appellant's Opening Brief

226 Cited authorities

  1. United States v. Booker

    543 U.S. 220 (2005)   Cited 25,360 times   28 Legal Analyses
    Holding the Sentencing Guidelines are advisory

  2. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,575 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"

  3. Liteky v. United States

    510 U.S. 540 (1994)   Cited 7,632 times   6 Legal Analyses
    Holding that a judge's impatience and annoyance did not justify disqualification

  4. Santosky v. Kramer

    455 U.S. 745 (1982)   Cited 8,729 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"

  5. Atkins v. Virginia

    536 U.S. 304 (2002)   Cited 3,121 times   54 Legal Analyses
    Holding that it violates the Eighth Amendment to execute intellectually disabled defendants

  6. Arizona v. Fulminante

    499 U.S. 279 (1991)   Cited 5,281 times   20 Legal Analyses
    Holding that involuntary confessions are subject to harmless-error review

  7. Darden v. Wainwright

    477 U.S. 168 (1986)   Cited 6,559 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 11,640 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt

  9. Sullivan v. Louisiana

    508 U.S. 275 (1993)   Cited 3,277 times   14 Legal Analyses
    Holding that a constitutionally deficient reasonable doubt instruction constitutes structural error as the deprivation of the right to trial by jury has "necessarily unquantifiable and indeterminate" consequences and "unquestionably qualifies as ‘structural error’ "

  10. Hewitt v. Helms

    459 U.S. 460 (1983)   Cited 5,159 times   2 Legal Analyses
    Holding that an inmate being considered for transfer to administrative segregation is entitled to "some notice of the charges against him and an opportunity to present his views to the prison official charged with deciding whether to transfer him to administrative segregation"

  11. Section 664 - Punishment for attempt to commit crime

    Cal. Pen. Code § 664   Cited 12,450 times
    Requiring intent to kill for attempted murder

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

    Cal. Pen. Code § 190.2   Cited 5,925 times   4 Legal Analyses
    Prescribing penalty of death or LWOP for special circumstance murder

  13. Section 848 - Continuing criminal enterprise

    21 U.S.C. § 848   Cited 3,779 times   30 Legal Analyses
    Recognizing the court's authority in certain situations to "impose a sentence, other than death, authorized by law"

  14. Section 3 - Retroactivity

    Cal. Pen. Code § 3   Cited 1,333 times
    Commencing with section 2930

  15. Section 190 - Punishment

    Cal. Pen. Code § 190   Cited 1,314 times
    Concerning homicide

  16. Section 1 - Short title

    Cal. Evid. Code § 1   Cited 1,112 times

    This code shall be known as the Evidence Code. Ca. Evid. Code § 1 Enacted by Stats. 1965, Ch. 299.

  17. Section 1239 - Appeal in manner provided in rules; automatic appeal of judgment of death

    Cal. Pen. Code § 1239   Cited 1,046 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

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

    Cal. Pen. Code § 190.3   Cited 821 times   6 Legal Analyses
    Providing that, "[i]n determining the penalty, the trier of fact shall take into account" any relevant listed factors

  19. Section 1 - Short title; parts

    Cal. Pen. Code § 1   Cited 617 times
    Amending La.Rev.Stat. Ann. § 15:529.1(b) (c)

  20. Section 25 - Diminished capacity

    Cal. Pen. Code § 25   Cited 416 times
    Abolishing the defense of diminished capacity