162 Cited authorities

Apprendi v. New Jersey
530 U.S. 466 (2000) Cited 26,650 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”
Blakely v. Washington
542 U.S. 296 (2004) Cited 16,617 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”
Ring v. Arizona
536 U.S. 584 (2002) Cited 4,999 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”
Cleburne v. Cleburne Living Center, Inc.
473 U.S. 432 (1985) Cited 9,707 times 5 Legal Analyses
Holding that mental disability is not a quasi-suspect class
Chapman v. California
386 U.S. 18 (1967) Cited 23,494 times 28 Legal Analyses
Holding that error is harmless only if "harmless beyond a reasonable doubt"
Faretta v. California
422 U.S. 806 (1975) Cited 12,560 times 23 Legal Analyses
Holding that a defendant's right to self-representation was denied when he made his requests "weeks before trial" without any indication that the defendant was required to reassert his request during the trial
Schneckloth v. Bustamonte
412 U.S. 218 (1973) Cited 11,972 times 20 Legal Analyses
Holding the State need not prove knowing-and-deliberate consent to search
Boykin v. Alabama
395 U.S. 238 (1969) Cited 13,233 times 12 Legal Analyses
Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here
Edwards v. Arizona
451 U.S. 477 (1981) Cited 6,430 times 25 Legal Analyses
Holding that continued questioning violates Fifth Amendment if suspect clearly asserts right to counsel
Sullivan v. Louisiana
508 U.S. 275 (1993) Cited 3,283 times 14 Legal Analyses
Holding that a constitutionally deficient reasonable doubt instruction constitutes structural error as the deprivation of the right to trial by jury has "necessarily unquantifiable and indeterminate" consequences and "unquestionably qualifies as ‘structural error’ "
Section 187 - Murder
Cal. Pen. Code § 187 Cited 19,847 times
Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
Section 211 - Robbery
Cal. Pen. Code § 211 Cited 14,304 times 3 Legal Analyses
Requiring taking of personal property of another
Section 664 - Punishment for attempt to commit crime
Cal. Pen. Code § 664 Cited 12,481 times
Requiring intent to kill for attempted murder
Section 12022.53 - Personal use of firearm during commission of specified felonies
Cal. Pen. Code § 12022.53 Cited 12,203 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 11,898 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 12022.7 - Persona infliction of great bodily injury on person other than accomplice in commission of felony or attempted felony
Cal. Pen. Code § 12022.7 Cited 8,401 times
Adopting section 13700's definition of domestic violence
Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance
Cal. Pen. Code § 190.2 Cited 5,951 times 4 Legal Analyses
Prescribing penalty of death or LWOP for special circumstance murder
Section 1368 - Doubt about mental competence of defendant during pendency of action
Cal. Pen. Code § 1368 Cited 1,900 times
Requiring a court to appoint an attorney for a defendant in a criminal case if a doubt arises in the mind of the judge as to the defendant's mental competence
Section 215 - Carjacking
Cal. Pen. Code § 215 Cited 1,885 times
Requiring as an element of carjacking an "intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession [of the vehicle]"
Section 16
Cal. Const. art. I § 16 Cited 1,777 times 2 Legal Analyses
Stating that the right to a "trial by jury is an inviolate right"

PEOPLE v. DANIELS (DAVID SCOTT)

162 Cited authorities

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 “[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 mental disability is not a quasi-suspect class

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

Holding that a defendant's right to self-representation was denied when he made his requests "weeks before trial" without any indication that the defendant was required to reassert his request during the trial

Holding the State need not prove knowing-and-deliberate consent to search

Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

Holding that continued questioning violates Fifth Amendment if suspect clearly asserts right to counsel

Holding that a constitutionally deficient reasonable doubt instruction constitutes structural error as the deprivation of the right to trial by jury has "necessarily unquantifiable and indeterminate" consequences and "unquestionably qualifies as ‘structural error’ "

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

Requiring taking of personal property of another

Requiring intent to kill for attempted murder

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"

Adopting section 13700's definition of domestic violence

Prescribing penalty of death or LWOP for special circumstance murder

Requiring a court to appoint an attorney for a defendant in a criminal case if a doubt arises in the mind of the judge as to the defendant's mental competence

Requiring as an element of carjacking an "intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession [of the vehicle]"

Stating that the right to a "trial by jury is an inviolate right"