182 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. 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"
  4. 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”
  5. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,494 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"
  6. Delaware v. Van Arsdall

    475 U.S. 673 (1986)   Cited 7,285 times   9 Legal Analyses
    Holding that a restriction on defendant's ability to crossexamine witness in violation of Sixth Amendment was non-structural error
  7. Darden v. Wainwright

    477 U.S. 168 (1986)   Cited 6,572 times   21 Legal Analyses
    Holding comments casting the death penalty as the only guarantee against future similar acts do not deprive the defendant of a fair trial as long as they "d[o] not manipulate or misstate the evidence"
  8. Gregg v. Georgia

    428 U.S. 153 (1976)   Cited 6,627 times   31 Legal Analyses
    Holding that "accurate sentencing information is an indispensable prerequisite to a reasoned determination of whether a defendant shall live or die"
  9. Richardson v. Marsh

    481 U.S. 200 (1987)   Cited 3,780 times   7 Legal Analyses
    Holding codefendant’s confession that "was not incriminating on its face," but "became so only when linked with evidence introduced later at trial," to "fall outside" narrow Bruton exception
  10. Bruton v. United States

    391 U.S. 123 (1968)   Cited 8,928 times   26 Legal Analyses
    Holding that the Sixth Amendment's Confrontation Clause is violated when the court admits an incriminating out-of-court statement by a nontestifying codefendant
  11. 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;