196 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,620 times   176 Legal Analyses
    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"
  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. 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”
  4. 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
  5. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,244 times   64 Legal Analyses
    Holding that statements obtained by custodial interrogation of a criminal defendant without warning of constitutional rights are inadmissible under the Fifth Amendment
  6. 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"
  7. 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"
  8. 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”
  9. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,463 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"
  10. Arizona v. Fulminante

    499 U.S. 279 (1991)   Cited 5,281 times   20 Legal Analyses
    Holding that involuntary confessions are subject to harmless-error review
  11. Section 187 - Murder

    Cal. Pen. Code § 187   Cited 19,782 times
    Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
  12. Section Amendment VI - Rights of Accused in Criminal Prosecutions

    U.S. Const. amend. VI   Cited 28,093 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."
  13. Section Amendment V - Rights of Persons

    U.S. Const. amend. V   Cited 19,272 times   5 Legal Analyses
    Requiring that crimes be prosecuted on a presentment or indictment
  14. Section 12022.5 - Personal use of firearm in commission of felony or attempted felony

    Cal. Pen. Code § 12022.5   Cited 8,159 times
    Providing for sentence enhancement
  15. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 5,925 times   4 Legal Analyses
    Prescribing penalty of death or LWOP for special circumstance murder
  16. Section Amendment XIV - Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection

    U.S. Const. amend. XIV   Cited 11,396 times   3 Legal Analyses
    Prohibiting deprivations by “State”
  17. Section Amendment VIII - Further Guarantees in Criminal Cases

    U.S. Const. amend. VIII   Cited 9,117 times
    Prohibiting "cruel and unusual punishments"
  18. Section 15

    Cal. Const. art. I § 15   Cited 3,311 times
    Affording “the right ... to compel attendance of witnesses in the defendant's behalf”
  19. Section 7

    Cal. Const. art. I § 7   Cited 2,109 times   5 Legal Analyses
    Guaranteeing due process and equal protection