380 Cited authorities

  1. United States v. Booker

    543 U.S. 220 (2005)   Cited 25,315 times   28 Legal Analyses
    Holding the Sentencing Guidelines are advisory
  2. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,573 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. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 16,595 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 77,314 times   16 Legal Analyses
    Holding that courts conducting review of the sufficiency of the evidence to support a criminal conviction should view the "evidence in the light most favorable to the prosecution"
  5. Sandin v. Conner

    515 U.S. 472 (1995)   Cited 18,503 times   8 Legal Analyses
    Holding that liberty interests requiring procedural due process are limited to freedom from restraints that impose "atypical and significant hardship" as compared to ordinary prison life
  6. 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"
  7. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,989 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”
  8. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,404 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"
  9. Santosky v. Kramer

    455 U.S. 745 (1982)   Cited 8,690 times   4 Legal Analyses
    Holding that "[b]efore a State may sever ... the rights of parents in their natural child, due process requires that the State support its allegations by at least clear and convincing evidence"
  10. Atkins v. Virginia

    536 U.S. 304 (2002)   Cited 3,109 times   54 Legal Analyses
    Holding that it violates the Eighth Amendment to execute intellectually disabled defendants
  11. Section 667.5 - Enhancement of prison terms for new offenses because of prior prison terms

    Cal. Pen. Code § 667.5   Cited 19,809 times
    Listing "violent" felonies
  12. Section 187 - Murder

    Cal. Pen. Code § 187   Cited 19,608 times
    Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
  13. Section Amendment VI - Rights of Accused in Criminal Prosecutions

    U.S. Const. amend. VI   Cited 27,882 times   1 Legal Analyses
    Granting the accused the right to be tried "by an impartial jury of the State and district wherein the crime shall have been committed."
  14. Section 12022.53 - Personal use of firearm during commission of specified felonies

    Cal. Pen. Code § 12022.53   Cited 12,074 times
    Providing for an enhancement to any person who, in the commission of attempted murder, "personally and intentionally discharges a firearm and proximately causes great bodily injury, . . . , or death, to any person other than an accomplice."
  15. Section 459 - Burglary

    Cal. Pen. Code § 459   Cited 11,847 times   4 Legal Analyses
    Providing that a "person who enters" certain locations "with intent to commit grand or petit larceny or any felony is guilty of burglary"
  16. Section Amendment V - Rights of Persons

    U.S. Const. amend. V   Cited 19,147 times   5 Legal Analyses
    Requiring that crimes be prosecuted on a presentment or indictment
  17. Section 12022.5 - Personal use of firearm in commission of felony or attempted felony

    Cal. Pen. Code § 12022.5   Cited 8,104 times
    Providing for sentence enhancement
  18. Section 189 - Murder of the first degree

    Cal. Pen. Code § 189   Cited 6,783 times
    Providing that malice may be express or implied – with implied malice being, e.g. , "when the circumstances attending the killing show an abandoned and malignant heart"
  19. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 5,861 times   4 Legal Analyses
    Prescribing penalty of death or LWOP for special circumstance murder