233 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,583 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 16,599 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. Estelle v. McGuire

    502 U.S. 62 (1991)   Cited 19,874 times   9 Legal Analyses
    Holding that a federal habeas court may not reexamine state court determinations of state law questions
  4. Graham v. Florida

    560 U.S. 48 (2010)   Cited 4,378 times   46 Legal Analyses
    Holding life without parole sentences unconstitutional for non-homicide juvenile offenders
  5. Cunningham v. California

    549 U.S. 270 (2007)   Cited 4,289 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"
  6. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,991 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”
  7. Roper v. Simmons

    543 U.S. 551 (2005)   Cited 3,477 times   38 Legal Analyses
    Holding "that the death penalty cannot be imposed upon juvenile offenders"
  8. Herrera v. Collins

    506 U.S. 390 (1993)   Cited 5,494 times   15 Legal Analyses
    Holding "the threshold showing for such an assumed right [of actual innocence] would necessarily be extraordinarily high"
  9. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,424 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"
  10. Atkins v. Virginia

    536 U.S. 304 (2002)   Cited 3,110 times   54 Legal Analyses
    Holding that it violates the Eighth Amendment to execute intellectually disabled defendants
  11. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 5,881 times   4 Legal Analyses
    Prescribing penalty of death or LWOP for special circumstance murder
  12. Section 15

    Cal. Const. art. I § 15   Cited 3,304 times
    Affording “the right ... to compel attendance of witnesses in the defendant's behalf”
  13. Section 7

    Cal. Const. art. I § 7   Cited 2,100 times   5 Legal Analyses
    Guaranteeing due process and equal protection
  14. Section 16

    Cal. Const. art. I § 16   Cited 1,771 times   2 Legal Analyses
    Stating that the right to a "trial by jury is an inviolate right"
  15. Section 17

    Cal. Const. art. I § 17   Cited 1,397 times
    Prohibiting cruel or unusual punishment
  16. Section 1

    Cal. Const. art. I § 1   Cited 1,051 times   1 Legal Analyses
    Providing "[a]ll people are by nature free and independent and have inalienable rights," including the right of "privacy"
  17. Section 1138 - Disagreement as to testimony or desire for information on point of law

    Cal. Pen. Code § 1138   Cited 696 times

    After the jury have retired for deliberation, if there be any disagreement between them as to the testimony, or if they desire to be informed on any point of law arising in the case, they must require the officer to conduct them into court. Upon being brought into court, the information required must be given in the presence of, or after notice to, the prosecuting attorney, and the defendant or his counsel, or after they have been called. Ca. Pen. Code § 1138 Amended by Stats. 1951, Ch. 1674.

  18. Section 12

    Cal. Const. art. I § 12   Cited 86 times
    Including "[f]elony offenses involving acts of violence on another person"