598 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 136,002 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"
Williams v. Taylor
529 U.S. 362 (2000) Cited 32,449 times 66 Legal Analyses
Holding that counsel's failure to investigate and present mitigating evidence was deficient even though "not all of the additional evidence was favorable to Williams"
Apprendi v. New Jersey
530 U.S. 466 (2000) Cited 22,075 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”
Blakely v. Washington
542 U.S. 296 (2004) Cited 14,141 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”
Estelle v. McGuire
502 U.S. 62 (1991) Cited 16,367 times 9 Legal Analyses
Holding that a federal habeas court may not reexamine state court determinations of state law questions
Estelle v. Gamble
429 U.S. 97 (1976) Cited 43,646 times 6 Legal Analyses
Holding that the proper forum for challenging a medical judgment was under state medical malpractice law
Wiggins v. Smith
539 U.S. 510 (2003) Cited 8,057 times 45 Legal Analyses
Holding that "counsel chose to abandon their investigation at an unreasonable juncture, making a fully informed decision with respect to sentencing strategy impossible" in light of what the records that they reviewed "actually revealed"
Hudson v. McMillian
503 U.S. 1 (1992) Cited 13,671 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"
Ring v. Arizona
536 U.S. 584 (2002) Cited 4,630 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”
United States v. Bagley
473 U.S. 667 (1985) Cited 8,312 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
Section 19.02 - Murder
Tex. Pen. Code § 19.02 Cited 3,528 times 1 Legal Analyses
Defining sudden passion
Section 848 - Continuing criminal enterprise
21 U.S.C. § 848 Cited 3,031 times 29 Legal Analyses
Recognizing the court's authority in certain situations to "impose a sentence, other than death, authorized by law"
Section 921.141 - Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence
Fla. Stat. § 921.141 Cited 1,384 times 16 Legal Analyses
Recognizing "the influence of extreme mental or emotional disturbance" as a mitigating factor
Section 13-703 - [Effective Until ninety days after adjournment] Repetitive offenders; sentencing
Ariz. Rev. Stat. § 13-703 Cited 1,266 times 7 Legal Analyses
Listing aggravating circumstances
Section 19.04 - Manslaughter
Tex. Pen. Code § 19.04 Cited 645 times
Stating that a person commits manslaughter if he "recklessly" causes the death of an individual
Section 15A-2000 - Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence
N.C. Gen. Stat. § 15A-2000 Cited 610 times 11 Legal Analyses
Making a defendant death-eligible if "[t]he capital felony was especially heinous, atrocious, or cruel"
Section 17-10-30 - Procedure for imposition of death penalty generally
Ga. Code § 17-10-30 Cited 429 times 8 Legal Analyses
Authorizing the death penalty for those who commit murders that involve "torture, depravity of mind, or an aggravated battery"
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 419 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
Section 35-50-2-9 - Death penalty sentencing procedure
Ind. Code § 35-50-2-9 Cited 400 times 4 Legal Analyses
Aggravating factors must be proved beyond a reasonable doubt
Section 2929.04 - Death penalty or imprisonment - aggravating and mitigating factors
Ohio Rev. Code § 2929.04 Cited 241 times 6 Legal Analyses
Stating that the jury is to weigh against the aggravating circumstances, inter alia, "the nature and circumstances of the offense, the history, character, and background of the offender"
Section 3177 - Family Visiting (Overnight)
Cal. Code Regs. tit. 15 § 3177 Cited 43 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
Section 3349 - Method of Execution. [Repealed]
Cal. Code Regs. tit. 15 § 3349 Cited 7 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

PEOPLE v. SOUZA (MATTHEW ARIC)

598 Cited authorities

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"

Holding that counsel's failure to investigate and present mitigating evidence was deficient even though "not all of the additional evidence was favorable to Williams"

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”

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”

Holding that a federal habeas court may not reexamine state court determinations of state law questions

Holding that the proper forum for challenging a medical judgment was under state medical malpractice law

Holding that "counsel chose to abandon their investigation at an unreasonable juncture, making a fully informed decision with respect to sentencing strategy impossible" in light of what the records that they reviewed "actually revealed"

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"

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”

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

Defining sudden passion

Recognizing the court's authority in certain situations to "impose a sentence, other than death, authorized by law"

Recognizing "the influence of extreme mental or emotional disturbance" as a mitigating factor

Listing aggravating circumstances

Stating that a person commits manslaughter if he "recklessly" causes the death of an individual

Making a defendant death-eligible if "[t]he capital felony was especially heinous, atrocious, or cruel"

Authorizing the death penalty for those who commit murders that involve "torture, depravity of mind, or an aggravated battery"

Aggravating factors must be proved beyond a reasonable doubt

Stating that the jury is to weigh against the aggravating circumstances, inter alia, "the nature and circumstances of the offense, the history, character, and background of the offender"