380 Cited authorities

United States v. Booker
543 U.S. 220 (2005) Cited 25,526 times 29 Legal Analyses
Holding the Sentencing Guidelines are advisory
Apprendi v. New Jersey
530 U.S. 466 (2000) Cited 26,826 times 101 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 16,670 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”
Jackson v. Virginia
443 U.S. 307 (1979) Cited 78,445 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"
Sandin v. Conner
515 U.S. 472 (1995) Cited 18,991 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
Cunningham v. California
549 U.S. 270 (2007) Cited 4,306 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"
Ring v. Arizona
536 U.S. 584 (2002) Cited 5,028 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”
Chapman v. California
386 U.S. 18 (1967) Cited 23,726 times 28 Legal Analyses
Holding that error is harmless only if "harmless beyond a reasonable doubt"
Santosky v. Kramer
455 U.S. 745 (1982) Cited 8,853 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"
Atkins v. Virginia
536 U.S. 304 (2002) Cited 3,153 times 54 Legal Analyses
Holding that it violates the Eighth Amendment to execute intellectually disabled defendants
Section Amendment VI - Rights of Accused in Criminal Prosecutions
U.S. Const. amend. VI Cited 28,872 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."
Section 187 - Murder
Cal. Pen. Code § 187 Cited 20,534 times
Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
Section 667.5 - Enhancement of prison terms for new offenses because of prior prison terms
Cal. Pen. Code § 667.5 Cited 20,130 times
Listing "violent" felonies
Section Amendment V - Rights of Persons
U.S. Const. amend. V Cited 19,674 times 6 Legal Analyses
Providing that a person may be "held to answer for a capital, or otherwise infamous crime . . . on a presentment or indictment of a Grand Jury"
Section 12022.53 - Personal use of firearm during commission of specified felonies
Cal. Pen. Code § 12022.53 Cited 12,608 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."
Section 459 - Burglary
Cal. Pen. Code § 459 Cited 12,037 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"
Section Amendment XIV - Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection
U.S. Const. amend. XIV Cited 11,672 times 3 Legal Analyses
Containing both a Due Process Clause and an Equal Protection Clause
Section 2 - Judicial Power and Jurisdiction
U.S. Const. art. III, § 2 Cited 10,920 times 4 Legal Analyses
Granting federal courts power only to resolve “cases” and “controversies”
Section 12022 - Armed with firearm in commission of felony or attempted felony; use of deadly or dangerous weapon in commission of felony or attempted felony
Cal. Pen. Code § 12022 Cited 9,128 times
Arming of firearm in commission of a felony
Section 12022.5 - Personal use of firearm in commission of felony or attempted felony
Cal. Pen. Code § 12022.5 Cited 8,409 times
Providing for sentence enhancement

PEOPLE v. NUNEZ & SATELE

380 Cited authorities

Holding the Sentencing Guidelines are advisory

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 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"

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

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"

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 error is harmless only if "harmless beyond a reasonable doubt"

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"

Holding that it violates the Eighth Amendment to execute intellectually disabled defendants

Granting the accused the right to be tried "by an impartial jury of the State and district wherein the crime shall have been committed."

Defining murder as "the unlawful killing of a human being . . . with malice aforethought."

Listing "violent" felonies

Providing that a person may be "held to answer for a capital, or otherwise infamous crime . . . on a presentment or indictment of a Grand Jury"

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."

Providing that a "person who enters" certain locations "with intent to commit grand or petit larceny or any felony is guilty of burglary"

Containing both a Due Process Clause and an Equal Protection Clause

Granting federal courts power only to resolve “cases” and “controversies”

Arming of firearm in commission of a felony

Providing for sentence enhancement