329 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 130,594 times   173 Legal Analyses
    Holding that we are obligated "to evaluate the conduct from counsel's perspective at the time"
  2. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 21,630 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 14,278 times   80 Legal Analyses
    Holding that an absent witness's statements are admissible under the Confrontation Clause "only where the declarant is unavailable, and only where the defendant [] had a prior opportunity to cross-examine"
  4. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 68,351 times   16 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 6,017 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 51,781 times   60 Legal Analyses
    Holding that law enforcement officers must warn an individual of certain constitutional rights and the consequences of waiving those rights prior to conducting a custodial interrogation
  7. Terry v. Ohio

    392 U.S. 1 (1968)   Cited 33,452 times   68 Legal Analyses
    Holding that a police officer who has reasonable suspicion of criminal activity may conduct a brief investigative stop
  8. Davis v. Washington

    547 U.S. 813 (2006)   Cited 3,768 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"
  9. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,511 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 3,109 times   40 Legal Analyses
    Holding that a warrantless vehicle search incident to arrest is justified "when the arrestee is unsecured and within reaching distance of the passenger compartment"
  11. Section 848 - Continuing criminal enterprise

    21 U.S.C. § 848   Cited 2,943 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 1,773 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 1,377 times   16 Legal Analyses
    Recognizing "the influence of extreme mental or emotional disturbance" as a mitigating factor
  14. Section 13-703 - Repetitive offenders; sentencing

    Ariz. Rev. Stat. § 13-703   Cited 1,228 times   7 Legal Analyses
    Listing aggravating circumstances
  15. Section 37.071 - Procedure In Capital Case

    Tex. Code Crim. Proc. art. 37.071   Cited 626 times   7 Legal Analyses
    Identifying "special issues" to be considered by the sentencer when determining the appropriate sentence
  16. Section 15A-2000 - Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence

    N.C. Gen. Stat. § 15A-2000   Cited 607 times   11 Legal Analyses
    Making a defendant death-eligible if "[t]he capital felony was especially heinous, atrocious, or cruel"
  17. Section 17-10-30 - Procedure for imposition of death penalty generally

    Ga. Code § 17-10-30   Cited 420 times   8 Legal Analyses
    Involving whether the murder was "outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim"
  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 415 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 358 times   7 Legal Analyses
    Listing kidnaping in a series of possible aggravating circumstances