329 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. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 14,695 times   81 Legal Analyses
    Holding that the Sixth Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"
  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. Yarborough v. Alvarado

    541 U.S. 652 (2004)   Cited 6,435 times   7 Legal Analyses
    Holding that habeas relief from a state court judgment is appropriate only when "the necessity to apply [an] earlier rule [set forth by the Supreme Court is] beyond doubt"
  6. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 52,767 times   60 Legal Analyses
    Holding that a suspect "must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation"
  7. Davis v. Washington

    547 U.S. 813 (2006)   Cited 3,911 times   32 Legal Analyses
    Holding that statements made "in the course of police interrogation" are testimonial when made under "circumstances objectively indicat[ing] ... that the primary purpose of the interrogation [was] to establish or prove past events potentially relevant to later criminal prosecution"
  8. Terry v. Ohio

    392 U.S. 1 (1968)   Cited 34,186 times   73 Legal Analyses
    Holding that a police officer who has reasonable suspicion of criminal activity may conduct a brief investigative stop
  9. 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”
  10. Arizona v. Gant

    556 U.S. 332 (2009)   Cited 3,214 times   41 Legal Analyses
    Holding that a search incident to a lawful arrest is one conducted "as long as the administrative processes incident to the arrest and custody have not been completed."
  11. Section 848 - Continuing criminal enterprise

    21 U.S.C. § 848   Cited 3,028 times   29 Legal Analyses
    Recognizing the court's authority in certain situations to "impose a sentence, other than death, authorized by law"
  12. Section 2C:11-3 - Murder

    N.J. Stat. § 2C:11-3   Cited 1,909 times   1 Legal Analyses
    Requiring courts to either sentence juvenile homicide offenders to 30 years without parole or to make them eligible for parole after 30 years
  13. Section 921.141 - Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence

    Fla. Stat. § 921.141   Cited 1,384 times   16 Legal Analyses
    Recognizing "the influence of extreme mental or emotional disturbance" as a mitigating factor
  14. Section 13-703 - [Effective Until ninety days after adjournment] Repetitive offenders; sentencing

    Ariz. Rev. Stat. § 13-703   Cited 1,278 times   7 Legal Analyses
    Recognizing as a statutory mitigating circumstance: "The defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired"
  15. 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"
  16. Section 37.071 - Procedure In Capital Case

    Tex. Code Crim. Proc. art. 37.071   Cited 641 times   7 Legal Analyses
    Identifying "special issues" to be considered by the sentencer when determining the appropriate sentence
  17. 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"
  18. 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

  19. Section 99-19-101 - Jury to determine punishment in capital cases in separate sentencing proceeding; aggravating and mitigating circumstances to be considered

    Miss. Code § 99-19-101   Cited 361 times   7 Legal Analyses
    Listing kidnaping in a series of possible aggravating circumstances