Strickland v. Washington

Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"

Apprendi v. New Jersey

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

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

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"

Cunningham v. California

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

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”

Roper v. Simmons

Holding "that the death penalty cannot be imposed upon juvenile offenders"

Mathews v. Eldridge

Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"

Chapman v. California

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

Santosky v. Kramer

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"

Section 848 - Continuing criminal enterprise

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

Section 8 - Powers of Congress

Granting Congress the power to “provide for the common Defence,” to “regulate Commerce with foreign Nations,” and to “establish an uniform Rule of Naturalization”

Section 15

Affording “the right ... to compel attendance of witnesses in the defendant's behalf”

Section 37.07 - Verdict Must Be General; Separate Hearing On Proper Punishment

Concluding that "[r]egardless of the plea and whether the punishment be assessed by the judge or the jury, evidence may be offered by the state and the defendant as to any matter the court deems relevant to sentencing, including but not limited to the prior criminal record of the defendant, his general reputation, his character, an opinion regarding his character, the circumstances of the offense for which he is being tried"

Section 7

Guaranteeing due process and equal protection

Section 17

Prohibiting cruel or unusual punishment

Section 37.071 - Procedure In Capital Case

Identifying "special issues" to be considered by the sentencer when determining the appropriate sentence

Section 9711 - Sentencing procedure for murder of the first degree

Holding that the victim's statements about the defendant that were communicated to the defendant were not hearsay when the statements were offered to prove the defendant's motive for killing the victim

Section 17-10-30 - Procedure for imposition of death penalty generally

Authorizing the death penalty for those who commit murder and have prior convictions for "rape, aggravated sodomy, aggravated child molestation, or aggravated sexual battery"

Section 4209 - Punishment, procedure for determining punishment, review of punishment and method of punishment for first-degree murder committed by adult offenders

Establishing felony murder aggravator

Rule 4.420 - Selection of term of imprisonment for offense