336 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 21,700 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 14,331 times   81 Legal Analyses
    Holding that an absent witness's statements are admissible under the Confrontation Clause "only where the declarant is unavailable, and only where the defendant [] had a prior opportunity to cross-examine"
  3. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 14,042 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. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 68,611 times   16 Legal Analyses
    Holding that court must presume trier of fact resolved all inferences in favor of the prosecution "even if it does not affirmatively appear in the record"
  5. Brecht v. Abrahamson

    507 U.S. 619 (1993)   Cited 9,509 times   27 Legal Analyses
    Holding that the Kotteakos standard applies to harmless error review on habeas appeal
  6. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,523 times   51 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. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 12,942 times   38 Legal Analyses
    Holding that the SSA’s process for terminating disability benefits satisfies constitutional due-process requirements because beneficiaries are able "to challenge directly the accuracy of information in [their] file as well as the correctness of the agency’s tentative conclusions"
  8. Roper v. Simmons

    543 U.S. 551 (2005)   Cited 2,649 times   38 Legal Analyses
    Holding that death sentences for juveniles are unconstitutional
  9. Chapman v. California

    386 U.S. 18 (1967)   Cited 18,592 times   27 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"
  10. Delaware v. Van Arsdall

    475 U.S. 673 (1986)   Cited 6,213 times   9 Legal Analyses
    Holding that a restriction on defendant's ability to cross-examine witness in violation of Sixth Amendment was non-structural error
  11. Section 848 - Continuing criminal enterprise

    21 U.S.C. § 848   Cited 2,957 times   29 Legal Analyses
    Recognizing the court's authority in certain situations to "impose a sentence, other than death, authorized by law"
  12. Section 37.07 - Verdict Must Be General; Separate Hearing On Proper Punishment

    Tex. Code Crim. Proc. art. 37.07   Cited 2,097 times   1 Legal Analyses
    Concluding that "[r]egardless of the plea and whether the punishment be assessed by the judge or the jury, evidence may be offered by the state and the defendant as to any matter the court deems relevant to sentencing, including but not limited to the prior criminal record of the defendant, his general reputation, his character, an opinion regarding his character, the circumstances of the offense for which he is being tried"
  13. Section 921.141 - Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence

    Fla. Stat. § 921.141   Cited 1,379 times   16 Legal Analyses
    Recognizing "the influence of extreme mental or emotional disturbance" as a mitigating factor
  14. Section 13-703 - Repetitive offenders; sentencing

    Ariz. Rev. Stat. § 13-703   Cited 1,236 times   7 Legal Analyses
    Listing aggravating circumstances
  15. Section 190.2

    Cal. Pen. Code § 190.2   Cited 936 times   4 Legal Analyses
    Committing first degree murder during commission of sexual crime on child under fourteen years old makes defendant eligible for death penalty
  16. Section 37.071 - Procedure In Capital Case

    Tex. Code Crim. Proc. art. 37.071   Cited 630 times   7 Legal Analyses
    Identifying "special issues" to be considered by the sentencer when determining the appropriate sentence
  17. Section 13A-5-53 - Appellate review of death sentence; scope; remand; specific determinations to be made by court; authority of court following review

    Ala. Code § 13A-5-53   Cited 415 times

    (a) In any case in which the death penalty is imposed, in addition to reviewing the case for any error involving the conviction, the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall also review the propriety of the death sentence. This review shall include the determination of whether any error adversely affecting the rights of the defendant was made in the sentence proceedings, whether the trial court's findings concerning the aggravating and mitigating circumstances

  18. Section 17-10-30 - Procedure for imposition of death penalty generally

    Ga. Code § 17-10-30   Cited 420 times   8 Legal Analyses
    Involving whether the murder was "outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim"
  19. Section 35-50-2-9 - Death penalty sentencing procedure

    Ind. Code § 35-50-2-9   Cited 402 times   4 Legal Analyses
    Aggravating factors must be proved beyond a reasonable doubt
  20. Section 190.3

    Cal. Pen. Code § 190.3   Cited 353 times   6 Legal Analyses
    Providing that, "[i]n determining the penalty, the trier of fact shall take into account" any relevant listed factors