407 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,620 times   176 Legal Analyses
    Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"
  2. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,625 times   100 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
  3. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 16,610 times   17 Legal Analyses
    Holding that “[w]hen a judge inflicts punishment that the jury's verdict alone does not allow, the jury has not found all the facts ‘which the law makes essential to the punishment,’ and the judge exceeds his proper authority”
  4. 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"
  5. Wiggins v. Smith

    539 U.S. 510 (2003)   Cited 9,463 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
  6. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,244 times   64 Legal Analyses
    Holding that statements obtained by custodial interrogation of a criminal defendant without warning of constitutional rights are inadmissible under the Fifth Amendment
  7. Cunningham v. California

    549 U.S. 270 (2007)   Cited 4,291 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"
  8. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,998 times   50 Legal Analyses
    Holding that “[i]f a State makes an increase in a defendant's authorized punishment contingent on the finding of a fact, that fact—no matter how the State labels it—must be found by a jury beyond a reasonable doubt”
  9. Roper v. Simmons

    543 U.S. 551 (2005)   Cited 3,490 times   38 Legal Analyses
    Holding "that the death penalty cannot be imposed upon juvenile offenders"
  10. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,463 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"
  11. Section 187 - Murder

    Cal. Pen. Code § 187   Cited 19,782 times
    Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
  12. Section 12022.5 - Personal use of firearm in commission of felony or attempted felony

    Cal. Pen. Code § 12022.5   Cited 8,159 times
    Providing for sentence enhancement
  13. Section 189 - Murder of the first degree

    Cal. Pen. Code § 189   Cited 6,876 times
    Providing that malice may be express or implied – with implied malice being, e.g. , "when the circumstances attending the killing show an abandoned and malignant heart"
  14. 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
  15. Section 192 - Manslaughter

    Cal. Pen. Code § 192   Cited 3,532 times
    Recognizing the Watson murder theory
  16. Section 15

    Cal. Const. art. I § 15   Cited 3,311 times
    Affording “the right ... to compel attendance of witnesses in the defendant's behalf”
  17. Section 207 - Kidnapping

    Cal. Pen. Code § 207   Cited 2,297 times
    Kidnaping a child for purposes of committing a lewd act
  18. Section 28

    Cal. Const. art. I § 28   Cited 2,118 times
    Granting crime victims the right "[t]o reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present"
  19. Section 7

    Cal. Const. art. I § 7   Cited 2,109 times   5 Legal Analyses
    Guaranteeing due process and equal protection
  20. Rule 4.420 - Selection of term of imprisonment for offense

    Cal. R. 4.420   Cited 875 times

    (a) When a judgment of imprisonment is imposed, or the execution of a judgment of imprisonment is ordered suspended, the sentencing judge must, in their sound discretion, order imposition of a sentence not to exceed the middle term, except as otherwise provided in paragraph (b). (b) The court may only choose an upper term when (1) there are circumstances in aggravation of the crime that justify the imposition of an upper term, and (2) the facts underlying those circumstances have been (i) stipulated

  21. Rule 8.630 - Briefs by parties and amicus curiae

    Cal. R. 8.630   Cited 16 times

    (a)Contents and form Except as provided in this rule, briefs in appeals from judgments of death must comply as nearly as possible with rules 8.200 and 8.204. (Subd (a) amended effective January 1, 2007.) (b) Length (1) A brief produced on a computer must not exceed the following limits, including footnotes: (A) Appellant's opening brief: 102,000 words. (B) Respondent's brief: 102,000 words. If the Chief Justice permits the appellant to file an opening brief that exceeds the limit set in (1)(A) or