436 Cited authorities

  1. Williams v. Taylor

    529 U.S. 362 (2000)   Cited 37,736 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
  2. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,625 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”
  3. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,395 times   82 Legal Analyses
    Holding that the Sixth Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"
  4. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 16,610 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 19,949 times   9 Legal Analyses
    Holding that a federal habeas court may not reexamine state court determinations of state law questions
  6. Wiggins v. Smith

    539 U.S. 510 (2003)   Cited 9,463 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
  7. Tennard v. Dretke

    542 U.S. 274 (2004)   Cited 5,494 times   4 Legal Analyses
    Holding that petitioner was entitled to a COA on his Penry claim where his evidence of low IQ and impaired intellectual functioning had "mitigating dimension beyond the impact it has on the individual's ability to act deliberately"
  8. Davis v. Washington

    547 U.S. 813 (2006)   Cited 4,794 times   32 Legal Analyses
    Holding that statements made "in the course of police interrogation" are testimonial when made under "circumstances objectively indicat[ing] ... that the primary purpose of the interrogation [was] to establish or prove past events potentially relevant to later criminal prosecution"
  9. Cunningham v. California

    549 U.S. 270 (2007)   Cited 4,291 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"
  10. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,998 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”
  11. Rule 703 - Bases of an Expert's Opinion Testimony

    Fed. R. Evid. 703   Cited 4,705 times   25 Legal Analyses
    Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted
  12. Rule 609 - Impeachment by Evidence of a Criminal Conviction

    Fed. R. Evid. 609   Cited 4,364 times   14 Legal Analyses
    Adopting a ten-year time limit, absent unusual circumstances, on the use of prior convictions for impeachment purposes
  13. Section 8 - Powers of Congress

    U.S. Const. art. I, § 8   Cited 6,963 times   27 Legal Analyses
    Granting Congress the power to “provide for the common Defence,” to “regulate Commerce with foreign Nations,” and to “establish an uniform Rule of Naturalization”
  14. Section 15

    Cal. Const. art. I § 15   Cited 3,311 times
    Affording “the right ... to compel attendance of witnesses in the defendant's behalf”
  15. Section 10 - Powers Denied to the States

    U.S. Const. art. I, § 10   Cited 4,837 times   5 Legal Analyses
    Prohibiting specific acts by the States
  16. Section 28

    Cal. Const. art. I § 28   Cited 2,118 times
    Granting crime victims the right "[t]o reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present"
  17. Section 16

    Cal. Const. art. I § 16   Cited 1,774 times   2 Legal Analyses
    Stating that the right to a "trial by jury is an inviolate right"
  18. Section 17

    Cal. Const. art. I § 17   Cited 1,406 times
    Prohibiting cruel or unusual punishment
  19. Section 9

    Cal. Const. art. I § 9   Cited 670 times   2 Legal Analyses

    A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed. Cal. Const. art. I § 9

  20. Section 1387.1 - Refiling charges where prior dismissals due solely to excusable neglect

    Cal. Pen. Code § 1387.1   Cited 56 times
    Permitting an additional dismissal and refiling for violent felonies
  21. Rule 4.421 - Circumstances in aggravation

    Cal. R. 4.421   Cited 2,324 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;