§Why CasetextPricing

PEOPLE v. CLARK (WILLIAM CLINTON)

Appellant’s Opening Brief

868 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,859 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. Williams v. Taylor

    529 U.S. 362 (2000)   Cited 37,789 times   66 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

  3. 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”

  4. 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"

  5. 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”

  6. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,647 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"

  7. 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

  8. Estelle v. Gamble

    429 U.S. 97 (1976)   Cited 54,863 times   6 Legal Analyses
    Holding that the government has an obligation to provide medical care to incarcerated persons

  9. 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”

  10. Brady v. Maryland

    373 U.S. 83 (1963)   Cited 43,423 times   133 Legal Analyses
    Holding that the prosecution violates due process when it suppresses material, favorable evidence

  11. Section 187 - Murder

    Cal. Pen. Code § 187   Cited 19,845 times
    Defining murder as "the unlawful killing of a human being . . . with malice aforethought."

  12. Section 352 - Balancing of probative value with prejudice

    Cal. Evid. Code § 352   Cited 12,809 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"

  13. Section Amendment VI - Rights of Accused in Criminal Prosecutions

    U.S. Const. amend. VI   Cited 28,176 times   1 Legal Analyses
    Granting the accused the right to be tried "by an impartial jury of the State and district wherein the crime shall have been committed."

  14. Section Amendment V - Rights of Persons

    U.S. Const. amend. V   Cited 19,307 times   5 Legal Analyses
    Requiring that crimes be prosecuted on a presentment or indictment

  15. Section 12022 - Armed with firearm in commission of felony or attempted felony; use of deadly or dangerous weapon in commission of felony or attempted felony

    Cal. Pen. Code § 12022   Cited 8,911 times
    Arming of firearm in commission of a felony

  16. 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

  17. Section 1101 - Evidence of character to prove conduct

    Cal. Evid. Code § 1101   Cited 6,047 times   2 Legal Analyses
    Regarding admissibility of character evidence

  18. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 5,949 times   4 Legal Analyses
    Prescribing penalty of death or LWOP for special circumstance murder

  19. Section 2510 - Definitions

    18 U.S.C. § 2510   Cited 4,250 times   78 Legal Analyses
    Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

  20. Section 848 - Continuing criminal enterprise

    21 U.S.C. § 848   Cited 3,844 times   30 Legal Analyses
    Recognizing the court's authority in certain situations to "impose a sentence, other than death, authorized by law"

  21. Rule 4.421 - Circumstances in aggravation

    Cal. R. 4.421   Cited 2,343 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 9.1 - Defendant's right to be present

    Ala. R. Crim. P. 9.1   Cited 13 times

    (a) RIGHT TO BE PRESENT. The defendant has the right to be present at the arraignment and at every stage of the trial, including the selection of the jury the giving of additional instructions pursuant to Rule 21, the return of the verdict, and sentencing. (b) WAIVER OF THE RIGHT TO BE PRESENT. (1) Except as provided in subsection (2), a defendant may waive the right to be present at any proceeding in the following manner: (i) With the consent of the court, by an understanding and voluntary waiver

  24. Rule 5.1 - Preliminary Examination in Felony Cases

    Alaska R. Crim. P. 5.1   Cited 3 times

    (a)Representation by Counsel. The defendant is entitled to be represented by counsel. If the defendant cannot secure counsel, counsel shall be appointed for the defendant. (b)Order of Proof - Witnesses Called by the State. The state shall first present the evidence in support of its case. All witnesses called by the state shall be examined in the presence of the defendant and may be cross-examined by the defendant's or by the defendant's counsel. (c)Witnesses Called by the Defendant. The defendant