219 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 159,487 times 179 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"
Williams v. Taylor
529 U.S. 362 (2000) Cited 37,916 times 65 Legal Analyses
Holding that counsel's performance was deficient when their investigation failed to uncover "extensive records" filled with mitigation evidence concerning the defendant's family history, education, mental health, and rehabilitation
Crawford v. Washington
541 U.S. 36 (2004) Cited 17,475 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"
Jackson v. Virginia
443 U.S. 307 (1979) Cited 77,851 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"
Estelle v. McGuire
502 U.S. 62 (1991) Cited 20,077 times 9 Legal Analyses
Holding that a federal habeas court may not reexamine state court determinations of state law questions
Wiggins v. Smith
539 U.S. 510 (2003) Cited 9,523 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
Bell v. Cone
535 U.S. 685 (2002) Cited 9,870 times 14 Legal Analyses
Holding that state court adjudication that “correctly identified the principles announced [by the Supreme Court] as those governing the analysis ... was [not] contrary to ... clearly established law”
Davis v. Washington
547 U.S. 813 (2006) Cited 4,826 times 32 Legal Analyses
Holding that statements made "in the course of police interrogation" are testimonial when made under "circumstances objectively indicat[ing] ... that the primary purpose of the interrogation [was] to establish or prove past events potentially relevant to later criminal prosecution"
Kyles v. Whitley
514 U.S. 419 (1995) Cited 7,292 times 36 Legal Analyses
Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense
Brady v. Maryland
373 U.S. 83 (1963) Cited 43,778 times 133 Legal Analyses
Holding that the prosecution violates due process when it suppresses material, favorable evidence
Section 187 - Murder
Cal. Pen. Code § 187 Cited 20,027 times
Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
Section 352 - Balancing of probative value with prejudice
Cal. Evid. Code § 352 Cited 12,842 times 5 Legal Analyses
Giving a trial court discretion to exclude evidence "if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury"
Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance
Cal. Pen. Code § 190.2 Cited 6,004 times 4 Legal Analyses
Prescribing penalty of death or LWOP for special circumstance murder
Section 1200 - Hearsay rule
Cal. Evid. Code § 1200 Cited 2,208 times
Prohibiting the introduction of "a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated" subject to certain exceptions
Section 664 - Performance of official duty
Cal. Evid. Code § 664 Cited 1,955 times
Establishing a presumption that "official duty has been regularly performed"
Section 1181 - Grant of new trial
Cal. Pen. Code § 1181 Cited 1,770 times
Finding contrary to evidence
Section 1220 - Statement of party opponent
Cal. Evid. Code § 1220 Cited 1,006 times
Peering 1966
Section 190.3 - Death penalty for defendant found guilty of first degree murder with special circumstance
Cal. Pen. Code § 190.3 Cited 824 times 6 Legal Analyses
Providing that, "[i]n determining the penalty, the trier of fact shall take into account" any relevant listed factors
Section 1050 - Continuances
Cal. Pen. Code § 1050 Cited 812 times
Allowing for continuances upon "good cause," including when the prosecutor for a sexual assault case has another trial in progress; continuances are limited to a maximum of 10 court days
Section 190.4 - Special circumstances
Cal. Pen. Code § 190.4 Cited 775 times 1 Legal Analyses
In section 190.4, subdivision (e), it provides in pertinent part that, "[i]n every case in which the trier of fact has returned a verdict or finding imposing the death penalty, the defendant shall be deemed to have made an application for modification of such verdict or finding pursuant to Subdivision 7 of Section 11 [ sic: read Section 1181]" on the ground that it is "contrary to law or the evidence presented."

PEOPLE v. HAJEK & VO

219 Cited authorities

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"

Holding that counsel's performance was deficient when their investigation failed to uncover "extensive records" filled with mitigation evidence concerning the defendant's family history, education, mental health, and rehabilitation

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"

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"

Holding that a federal habeas court may not reexamine state court determinations of state law questions

Holding that state court adjudication that “correctly identified the principles announced [by the Supreme Court] as those governing the analysis ... was [not] contrary to ... clearly established law”

Holding that statements made "in the course of police interrogation" are testimonial when made under "circumstances objectively indicat[ing] ... that the primary purpose of the interrogation [was] to establish or prove past events potentially relevant to later criminal prosecution"

Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense

Holding that the prosecution violates due process when it suppresses material, favorable evidence

Defining murder as "the unlawful killing of a human being . . . with malice aforethought."

Giving a trial court discretion to exclude evidence "if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury"

Prescribing penalty of death or LWOP for special circumstance murder

Prohibiting the introduction of "a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated" subject to certain exceptions

Establishing a presumption that "official duty has been regularly performed"

Finding contrary to evidence

Peering 1966

Providing that, "[i]n determining the penalty, the trier of fact shall take into account" any relevant listed factors

Allowing for continuances upon "good cause," including when the prosecutor for a sexual assault case has another trial in progress; continuances are limited to a maximum of 10 court days