317 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. 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”
  3. 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
  4. 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
  5. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,313 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
  6. Tennard v. Dretke

    542 U.S. 274 (2004)   Cited 5,511 times   4 Legal Analyses
    Holding that petitioner was entitled to a COA on his Penry claim where his evidence of low IQ and impaired intellectual functioning had "mitigating dimension beyond the impact it has on the individual's ability to act deliberately"
  7. Duncan v. Henry

    513 U.S. 364 (1995)   Cited 8,045 times   3 Legal Analyses
    Holding a claim raised in a state-court proceeding must be presented to that court as a federal constitutional claim or it is not exhausted for federal habeas corpus purposes
  8. 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"
  9. Kyles v. Whitley

    514 U.S. 419 (1995)   Cited 7,265 times   36 Legal Analyses
    Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense
  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 187 - Murder

    Cal. Pen. Code § 187   Cited 19,847 times
    Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
  12. Section 211 - Robbery

    Cal. Pen. Code § 211   Cited 14,304 times   3 Legal Analyses
    Requiring taking of personal property of another
  13. Section 12022.5 - Personal use of firearm in commission of felony or attempted felony

    Cal. Pen. Code § 12022.5   Cited 8,180 times
    Providing for sentence enhancement
  14. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 5,951 times   4 Legal Analyses
    Prescribing penalty of death or LWOP for special circumstance murder
  15. Section 148 - Resistance, delay, or obstruction of public officer, peace officer, or emergency medical technician

    Cal. Pen. Code § 148   Cited 4,270 times   2 Legal Analyses
    Making it a misdemeanor to "willfully resist[], delay[], or obstruct[] any . . . peace officer . . . in the discharge or attempt to discharge any duty of his or her office or employment"
  16. Section 15

    Cal. Const. art. I § 15   Cited 3,314 times
    Affording “the right ... to compel attendance of witnesses in the defendant's behalf”
  17. Section 28

    Cal. Const. art. I § 28   Cited 2,121 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"
  18. Section 7

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

    Cal. Const. art. I § 16   Cited 1,777 times   2 Legal Analyses
    Stating that the right to a "trial by jury is an inviolate right"
  20. Section 17

    Cal. Const. art. I § 17   Cited 1,409 times
    Prohibiting cruel or unusual punishment
  21. Rule 4.421 - Circumstances in aggravation

    Cal. R. 4.421   Cited 2,345 times

    Circumstances in aggravation include factors relating to the crime and factors relating to the defendant. (a)Facts relating to the crime Facts relating to the crime, whether or not charged or chargeable as enhancements, include the fact that: (1) The crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness; (2) The defendant was armed with or used a weapon at the time of the commission of the crime;

  22. Rule 4.423 - Circumstances in mitigation

    Cal. R. 4.423   Cited 549 times

    Circumstances in mitigation include factors relating to the crime and factors relating to the defendant. (a)Facts relating to the crime Factors relating to the crime include that: (1) The defendant was a passive participant or played a minor role in the crime; (2) The victim was an initiator of, willing participant in, or aggressor or provoker of the incident; (3) The crime was committed because of an unusual circumstance, such as great provocation, that is unlikely to recur; (4) The defendant participated

  23. 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