608 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 146,580 times   173 Legal Analyses
    Holding that prejudice for IAC claims requires showing "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"
  2. Williams v. Taylor

    529 U.S. 362 (2000)   Cited 34,929 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 25,425 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. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 16,308 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”
  5. Estelle v. McGuire

    502 U.S. 62 (1991)   Cited 18,229 times   9 Legal Analyses
    Holding that a federal habeas court may not reexamine state court determinations of state law questions
  6. Estelle v. Gamble

    429 U.S. 97 (1976)   Cited 48,153 times   6 Legal Analyses
    Holding that the proper forum for challenging a medical judgment was under state medical malpractice law
  7. Wiggins v. Smith

    539 U.S. 510 (2003)   Cited 8,723 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
  8. Hudson v. McMillian

    503 U.S. 1 (1992)   Cited 15,083 times   3 Legal Analyses
    Holding that, to determine whether the force used by a prison official amounts to a constitutional violation, "the core judicial inquiry is . . . whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm"
  9. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,856 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”
  10. United States v. Bagley

    473 U.S. 667 (1985)   Cited 8,847 times   34 Legal Analyses
    Holding that there was a Brady violation when federal prosecutors withheld evidence of inducements made to witnesses to encourage them to testify against the defendant
  11. Section Amendment VI - Rights of Accused in Criminal Prosecutions

    U.S. Const. amend. VI   Cited 24,891 times
    Granting the accused the right to be tried "by an impartial jury of the State and district wherein the crime shall have been committed."
  12. Section Amendment V - Rights of Persons

    U.S. Const. amend. V   Cited 17,479 times   3 Legal Analyses
    Providing "private property" shall not "be taken for public use, without just compensation"
  13. Section Amendment XIV - Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection

    U.S. Const. amend. XIV   Cited 10,336 times   1 Legal Analyses
    Prohibiting states from depriving “any person of life, liberty, or property, without due process of law”
  14. Section 19.02 - Murder

    Tex. Pen. Code § 19.02   Cited 3,727 times   1 Legal Analyses
    Defining sudden passion
  15. Section 848 - Continuing criminal enterprise

    21 U.S.C. § 848   Cited 3,189 times   29 Legal Analyses
    Recognizing the court's authority in certain situations to "impose a sentence, other than death, authorized by law"
  16. Section 15

    Cal. Const. art. I § 15   Cited 3,150 times
    Affording “the right ... to compel attendance of witnesses in the defendant's behalf”
  17. Section 7

    Cal. Const. art. I § 7   Cited 1,923 times   2 Legal Analyses
    Guaranteeing due process and equal protection
  18. Section 9 - Powers Denied to Congress

    U.S. Const. art. I, § 9   Cited 2,636 times
    Prohibiting Congress
  19. Section 921.141 - Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence

    Fla. Stat. § 921.141   Cited 1,406 times   16 Legal Analyses
    Recognizing "the influence of extreme mental or emotional disturbance" as a mitigating factor
  20. Section 17

    Cal. Const. art. I § 17   Cited 1,296 times
    Prohibiting cruel or unusual punishment
  21. Section 3177 - Family Visiting (Overnight)

    Cal. Code Regs. tit. 15 § 3177   Cited 48 times

    Institution heads shall maintain family visiting policies and procedures. Family visits are extended overnight visits, provided for eligible inmates and their immediate family members as defined in Section 3000, commensurate with institution security, space availability, and pursuant to these regulations. Each institution shall provide all necessary accommodations, except for food, at no cost to the inmates and their visitors. Institutions shall require eligible inmates to purchase all food for the

  22. Section 3349 - Method of Execution. [Repealed]

    Cal. Code Regs. tit. 15 § 3349   Cited 9 times

    Cal. Code Regs. Tit. 15, § 3349 Note: Authority cited: Sections 1227, 3604, 3604.1 and 5058, Penal Code. Reference: Sections 190, 1227, 3603, 3604 and 5054, Penal Code. 1. New article 7.5 and section filed 12-22-92 as an emergency; operative 1-1-93 (Register 93, No. 1). A Certificate of Compliance must be transmitted to OAL 4-22-92 or emergency language will be repealed by operation of law on the following day. 2. Certificate of Compliance as to 1-22-92 order transmitted to OAL 4-9-93 and filed 4-29-93