218 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 135,516 times   173 Legal Analyses
    Holding that prejudice for IAC claims requires showing "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"
  2. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 22,056 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 14,134 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. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 70,205 times   17 Legal Analyses
    Holding that court must presume trier of fact resolved all inferences in favor of the prosecution "even if it does not affirmatively appear in the record"
  5. Estelle v. McGuire

    502 U.S. 62 (1991)   Cited 16,348 times   9 Legal Analyses
    Holding that a federal habeas court may not reexamine state court determinations of state law questions
  6. Albright v. Oliver

    510 U.S. 266 (1994)   Cited 9,686 times   5 Legal Analyses
    Holding that the plaintiff’s § 1983 claim failed where the plaintiff failed to establish that he was deprived of a substantive due process right secured by the Constitution
  7. Brecht v. Abrahamson

    507 U.S. 619 (1993)   Cited 9,882 times   28 Legal Analyses
    Holding that the Kotteakos standard applies to harmless error review on habeas appeal
  8. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,626 times   51 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. Kyles v. Whitley

    514 U.S. 419 (1995)   Cited 6,186 times   36 Legal Analyses
    Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense
  10. United States v. Bagley

    473 U.S. 667 (1985)   Cited 8,278 times   34 Legal Analyses
    Holding that there was a Brady violation when federal prosecutors withheld evidence of inducements made to witnesses to encourage them to testify against the defendant
  11. Section 15A-2000 - Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence

    N.C. Gen. Stat. § 15A-2000   Cited 610 times   11 Legal Analyses
    Making a defendant death-eligible if "[t]he capital felony was especially heinous, atrocious, or cruel"
  12. Section 17-10-30 - Procedure for imposition of death penalty generally

    Ga. Code § 17-10-30   Cited 428 times   8 Legal Analyses
    Authorizing the death penalty for those who commit murders that involve "torture, depravity of mind, or an aggravated battery"
  13. Section 13A-5-53 - Appellate review of death sentence; scope; remand; specific determinations to be made by court; authority of court following review

    Ala. Code § 13A-5-53   Cited 418 times

    (a) In any case in which the death penalty is imposed, in addition to reviewing the case for any error involving the conviction, the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall also review the propriety of the death sentence. This review shall include the determination of whether any error adversely affecting the rights of the defendant was made in the sentence proceedings, whether the trial court's findings concerning the aggravating and mitigating circumstances

  14. Section 2929.04 - [Effective Until4/12/2021]Death penalty or imprisonment - aggravating and mitigating factors

    Ohio Rev. Code § 2929.04   Cited 241 times   6 Legal Analyses
    Stating that the jury is to weigh against the aggravating circumstances, inter alia, "the nature and circumstances of the offense, the history, character, and background of the offender"
  15. Section 905.9 - Review on appeal

    La. Code Crim. Proc. art. 905.9   Cited 148 times

    The Supreme Court of Louisiana shall review every sentence of death to determine if it is excessive. The court by rules shall establish such procedures as are necessary to satisfy constitutional criteria for review. La. Cr.P. § 905.9 Added by Acts 1976, No. 694, §1.

  16. Section 5-4-603 - Findings required for death sentence - Harmless error review

    Ark. Code § 5-4-603   Cited 103 times
    Aggravating circumstances must justify a sentence of death beyond a reasonable doubt
  17. Section 19-2515 - [Effective 7/1/2021] SENTENCE IN CAPITAL CASES - SPECIAL SENTENCING PROCEEDING - STATUTORY AGGRAVATING CIRCUMSTANCES - SPECIAL VERDICT OR WRITTEN FINDINGS

    Idaho Code § 19-2515   Cited 102 times
    Aggravating circumstance that "the defendant exhibited utter disregard for human life"
  18. Section 19.2-264.4 - [Repealed Effective 7/1/2021] Sentence Proceeding

    Va. Code § 19.2-264.4   Cited 72 times
    Setting forth, as mitigating, evidence that "at the time of the commission of the capital felony, the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was significantly impaired"
  19. Section 99-19-103 - Instructions; aggravating circumstances shall be designated by jury in writing upon recommending death; effect of jury's failure to agree on punishment

    Miss. Code § 99-19-103   Cited 50 times   1 Legal Analyses

    The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in the charge and in writing to the jury for its deliberation. The jury, if its verdict be a unanimous recommendation of death, shall designate in writing, signed by the foreman of the jury, the statutory aggravating circumstance or circumstances which it unanimously found beyond a reasonable doubt. Unless at least one (1) of the statutory aggravated circumstances enumerated in Section 99-19-101

  20. Section 2280 - General

    Cal. Code Regs. tit. 15 § 2280   Cited 19 times
    Listing section 3041 as a statutory reference