196 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 159,597 times   179 Legal Analyses
    Holding that to establish ineffective assistance prejudice a petitioner "must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different," and " reasonable probability is a probability sufficient to undermine confidence in the outcome"
  2. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,704 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”
  3. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 16,642 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 20,092 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 60,532 times   64 Legal Analyses
    Holding that officers must inform suspects that they have a right to remain silent, that anything they say may be used as evidence against them, and that they are entitled to the presence of an attorney, either retained or appointed, prior to the interrogation
  6. Tennard v. Dretke

    542 U.S. 274 (2004)   Cited 5,535 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 4,299 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 5,011 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 23,567 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 5,319 times   20 Legal Analyses
    Holding that admission of an involuntary statement is subject to harmless-error review
  11. Section 187 - Murder

    Cal. Pen. Code § 187   Cited 20,063 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 28,428 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 19,406 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 8,246 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 6,017 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 11,497 times   3 Legal Analyses
    Containing both a Due Process Clause and an Equal Protection Clause
  17. Section Amendment VIII - Further Guarantees in Criminal Cases

    U.S. Const. amend. VIII   Cited 9,244 times
    Prohibiting "cruel and unusual punishments"
  18. Section 15

    Cal. Const. art. I § 15   Cited 3,321 times
    Affording “the right ... to compel attendance of witnesses in the defendant's behalf”
  19. Section 7

    Cal. Const. art. I § 7   Cited 2,130 times   5 Legal Analyses
    Guaranteeing due process and equal protection