222 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,713 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 26,638 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 16,612 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 77,609 times   16 Legal Analyses
    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"
  5. Estelle v. McGuire

    502 U.S. 62 (1991)   Cited 19,961 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 12,388 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 11,812 times   30 Legal Analyses
    Holding that when a court has "never squarely addressed the issue, and ha at most assumed" something in a prior decision, it is "free to address the issue on the merits"
  8. Cunningham v. California

    549 U.S. 270 (2007)   Cited 4,292 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"
  9. Kyles v. Whitley

    514 U.S. 419 (1995)   Cited 7,257 times   36 Legal Analyses
    Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense
  10. 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”
  11. Section 16

    Cal. Const. art. I § 16   Cited 1,775 times   2 Legal Analyses
    Stating that the right to a "trial by jury is an inviolate right"
  12. Section 2929.04 - Death penalty or imprisonment - aggravating and mitigating factors

    Ohio Rev. Code § 2929.04   Cited 1,157 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"
  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 432 times
    Requiring the appellate court to determine whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases
  14. Section 17-10-30 - Procedure for imposition of death penalty generally

    Ga. Code § 17-10-30   Cited 447 times   8 Legal Analyses
    Authorizing the death penalty for those who commit murder and have prior convictions for "rape, aggravated sodomy, aggravated child molestation, or aggravated sexual battery"
  15. Section 16-3-20 - Punishment for murder; separate sentencing proceeding when death penalty sought

    S.C. Code § 16-3-20   Cited 287 times
    Holding a person convicted of murder with aggravating circumstances is not eligible for parole
  16. Section 16-3-25 - Punishment for murder; review by Supreme Court of imposition of death penalty

    S.C. Code § 16-3-25   Cited 176 times
    Providing trial by jury for capital defendant's resentencing unless the capital defendant waives trial by jury
  17. Section 905.9 - Review on appeal

    La. Code Crim. Proc. art. 905.9   Cited 156 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. Added by Acts 1976, No. 694, §1.

  18. Section 19-2515 - SENTENCE IN CAPITAL CASES - SPECIAL SENTENCING PROCEEDING - STATUTORY AGGRAVATING CIRCUMSTANCES - SPECIAL VERDICT OR WRITTEN FINDINGS

    Idaho Code § 19-2515   Cited 111 times
    Aggravating circumstance that "the defendant exhibited utter disregard for human life"
  19. Section 5-4-603 - Findings required for death sentence - Harmless error review

    Ark. Code § 5-4-603   Cited 106 times
    Aggravating circumstances must justify a sentence of death beyond a reasonable doubt
  20. Section 2280 - General

    Cal. Code Regs. tit. 15 § 2280   Cited 22 times
    Listing section 3041 as a statutory reference