303 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,880 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. Williams v. Taylor

    529 U.S. 362 (2000)   Cited 37,794 times   65 Legal Analyses
    Holding that counsel's performance was deficient when their investigation failed to uncover "extensive records" filled with mitigation evidence concerning the defendant's family history, education, mental health, and rehabilitation
  3. 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”
  4. Coleman v. Thompson

    501 U.S. 722 (1991)   Cited 26,259 times   49 Legal Analyses
    Holding in relevant part that federal habeas review of a procedurally defaulted claim is barred "unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law"
  5. Estelle v. Gamble

    429 U.S. 97 (1976)   Cited 54,870 times   6 Legal Analyses
    Holding that the government has an obligation to provide medical care to incarcerated persons
  6. Hudson v. McMillian

    503 U.S. 1 (1992)   Cited 17,118 times   3 Legal Analyses
    Holding that, to determine whether the force used by a prison official amounts to a constitutional violation, "the core judicial inquiry is . . . whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm"
  7. Hill v. Lockhart

    474 U.S. 52 (1985)   Cited 20,020 times   34 Legal Analyses
    Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue
  8. Brecht v. Abrahamson

    507 U.S. 619 (1993)   Cited 11,817 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"
  9. Batson v. Kentucky

    476 U.S. 79 (1986)   Cited 15,244 times   61 Legal Analyses
    Holding that the Equal Protection Clause applies to the use of peremptory strikes
  10. Daniels v. Williams

    474 U.S. 327 (1986)   Cited 12,739 times   5 Legal Analyses
    Holding that "the Due Process Clause [of the Fourteenth Amendment] is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property"
  11. Section 15

    Cal. Const. art. I § 15   Cited 3,314 times
    Affording “the right ... to compel attendance of witnesses in the defendant's behalf”
  12. Section 7

    Cal. Const. art. I § 7   Cited 2,117 times   5 Legal Analyses
    Guaranteeing due process and equal protection
  13. Section 16

    Cal. Const. art. I § 16   Cited 1,776 times   2 Legal Analyses
    Stating that the right to a "trial by jury is an inviolate right"
  14. Section 17

    Cal. Const. art. I § 17   Cited 1,409 times
    Prohibiting cruel or unusual punishment
  15. Section 1

    Cal. Const. art. I § 1   Cited 1,058 times   1 Legal Analyses
    Providing "[a]ll people are by nature free and independent and have inalienable rights," including the right of "privacy"
  16. Section 1260 - Reversal, affirmance, or modification of judgment or order

    Cal. Pen. Code § 1260   Cited 901 times
    Granting appellate court power to reduce punishment imposed
  17. Section 190.4 - Special circumstances

    Cal. Pen. Code § 190.4   Cited 774 times   1 Legal Analyses
    In section 190.4, subdivision (e), it provides in pertinent part that, "[i]n every case in which the trier of fact has returned a verdict or finding imposing the death penalty, the defendant shall be deemed to have made an application for modification of such verdict or finding pursuant to Subdivision 7 of Section 11 [ sic: read Section 1181]" on the ground that it is "contrary to law or the evidence presented."
  18. Section 9

    Cal. Const. art. I § 9   Cited 672 times   2 Legal Analyses

    A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed. Cal. Const. art. I § 9

  19. Section 10

    Cal. Const. art. VI § 10   Cited 404 times
    Granting original jurisdiction to courts in habeas matters
  20. Section 1043 - Presence of defendant

    Cal. Pen. Code § 1043   Cited 206 times

    (a)Except as otherwise provided in this section, the defendant in a felony case shall be personally present at the trial. (b)The absence of the defendant in a felony case after the trial has commenced in their physical presence shall not prevent continuing the trial to, and including, the return of the verdict in any of the following cases: (1)Any case in which the defendant, after being warned by the judge that they will be removed if they continue their disruptive behavior, nevertheless insists

  21. Section 3349 - Restricted Housing Records

    Cal. Code Regs. tit. 15 § 3349   Cited 9 times

    (a) A CDC Form 114, Isolation Log (rev: 3/03), shall be maintained in each Restricted Housing Unit. One Isolation Log may serve two or more special purpose units which are administered and supervised by the same staff members. (b) A separate record shall be maintained for each inmate assigned to RHU. This record shall be compiled on an automated Restricted Housing Record (Rev. 11/23), which is incorporated by reference, and shall include all required identifying information. Additionally, all significant

  22. Rule 4.423 - Circumstances in mitigation

    Cal. R. 4.423   Cited 549 times

    Circumstances in mitigation include factors relating to the crime and factors relating to the defendant. (a)Facts relating to the crime Factors relating to the crime include that: (1) The defendant was a passive participant or played a minor role in the crime; (2) The victim was an initiator of, willing participant in, or aggressor or provoker of the incident; (3) The crime was committed because of an unusual circumstance, such as great provocation, that is unlikely to recur; (4) The defendant participated