539 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,894 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 26,650 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. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,419 times   82 Legal Analyses
    Holding that the Sixth Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"
  4. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 16,617 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”
  5. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,659 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"
  6. Sandin v. Conner

    515 U.S. 472 (1995)   Cited 18,666 times   8 Legal Analyses
    Holding that liberty interests requiring procedural due process are limited to freedom from restraints that impose "atypical and significant hardship" as compared to ordinary prison life
  7. Estelle v. McGuire

    502 U.S. 62 (1991)   Cited 19,985 times   9 Legal Analyses
    Holding that a federal habeas court may not reexamine state court determinations of state law questions
  8. Wiggins v. Smith

    539 U.S. 510 (2003)   Cited 9,486 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
  9. Albright v. Oliver

    510 U.S. 266 (1994)   Cited 12,411 times   5 Legal Analyses
    Holding that the plaintiff’s § 1983 claim failed where the plaintiff failed to establish that he was deprived of a substantive due process right secured by the Constitution
  10. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,999 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”
  11. Section 848 - Continuing criminal enterprise

    21 U.S.C. § 848   Cited 3,883 times   30 Legal Analyses
    Recognizing the court's authority in certain situations to "impose a sentence, other than death, authorized by law"
  12. Section 37.071 - Procedure In Capital Case

    Tex. Code Crim. Proc. art. 37.071   Cited 1,041 times   7 Legal Analyses
    Identifying "special issues" to be considered by the sentencer when determining the appropriate sentence
  13. 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
  14. Section 9711 - Sentencing procedure for murder of the first degree

    42 Pa. C.S. § 9711   Cited 740 times   1 Legal Analyses
    Holding that the victim's statements about the defendant that were communicated to the defendant were not hearsay when the statements were offered to prove the defendant's motive for killing the victim
  15. Section 2 - Effective date

    Cal. Pen. Code § 2   Cited 653 times
    Amending § 3000.08
  16. Section 2929.05 - Supreme court review upon appeal of sentence of death

    Ohio Rev. Code § 2929.05   Cited 481 times
    Directing the reviewing court to "independently weigh all facts and other evidence disclosed in the record in the case and consider the offense and the offender to determine . . . whether the sentence of death is appropriate"
  17. Section 35-50-2-9 - Death penalty sentencing procedure

    Ind. Code § 35-50-2-9   Cited 426 times   4 Legal Analyses
    Aggravating factors must be proved beyond a reasonable doubt
  18. Section 11

    Cal. Const. art. VI § 11   Cited 304 times
    Authorizing the taking of such evidence
  19. Section 16-3-20 - Punishment for murder; separate sentencing proceeding when death penalty sought

    S.C. Code § 16-3-20   Cited 287 times
    Holding a person convicted of murder with aggravating circumstances is not eligible for parole