153 Cited authorities

  1. 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”
  2. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,417 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"
  3. 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”
  4. Estelle v. McGuire

    502 U.S. 62 (1991)   Cited 19,981 times   9 Legal Analyses
    Holding that a federal habeas court may not reexamine state court determinations of state law questions
  5. Cunningham v. California

    549 U.S. 270 (2007)   Cited 4,293 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"
  6. 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”
  7. Ornelas v. United States

    517 U.S. 690 (1996)   Cited 6,548 times   9 Legal Analyses
    Holding that appellate courts should review reasonable suspicion and probable cause determinations de novo
  8. Roper v. Simmons

    543 U.S. 551 (2005)   Cited 3,497 times   38 Legal Analyses
    Holding "that the death penalty cannot be imposed upon juvenile offenders"
  9. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,490 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"
  10. Atkins v. Virginia

    536 U.S. 304 (2002)   Cited 3,124 times   54 Legal Analyses
    Holding that it violates the Eighth Amendment to execute intellectually disabled defendants
  11. Section Amendment XIV - Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection

    U.S. Const. amend. XIV   Cited 11,427 times   3 Legal Analyses
    Prohibiting deprivations by “State”
  12. Section 15

    Cal. Const. art. I § 15   Cited 3,314 times
    Affording “the right ... to compel attendance of witnesses in the defendant's behalf”
  13. Section 7

    Cal. Const. art. I § 7   Cited 2,117 times   5 Legal Analyses
    Guaranteeing due process and equal protection
  14. Section 16

    Cal. Const. art. I § 16   Cited 1,776 times   2 Legal Analyses
    Stating that the right to a "trial by jury is an inviolate right"
  15. Section 1

    Cal. Const. art. I § 1   Cited 1,056 times   1 Legal Analyses
    Providing "[a]ll people are by nature free and independent and have inalienable rights," including the right of "privacy"
  16. Section 11

    Cal. Const. art. VI § 11   Cited 304 times
    Authorizing the taking of such evidence
  17. Rule 8.200 - Briefs by parties and amici curiae

    Cal. R. 8.200   Cited 713 times

    (a)Parties' briefs (1) Each appellant must serve and file an appellant's opening brief. (2) Each respondent must serve and file a respondent's brief. (3) Each appellant may serve and file a reply brief. (4) No other brief may be filed except with the permission of the presiding justice, unless it qualifies under (b) or (c)(7). (5) Instead of filing a brief, or as part of its brief, a party may join in or adopt by reference all or part of a brief in the same or a related appeal. (Subd (a) amended