460 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,894 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. Estelle v. McGuire

    502 U.S. 62 (1991)   Cited 19,985 times   9 Legal Analyses
    Holding that a federal habeas court may not reexamine state court determinations of state law questions
  5. Wiggins v. Smith

    539 U.S. 510 (2003)   Cited 9,486 times   45 Legal Analyses
    Holding that counsel's performance was deficient when they failed to expand their investigation into the defendant's life history "after having acquired only rudimentary knowledge of his history from a narrow set of sources," especially when those sources indicated the existence of helpful mitigation evidence
  6. Lindh v. Murphy

    521 U.S. 320 (1997)   Cited 11,051 times   29 Legal Analyses
    Holding that the statutory language must be "so clear that it [can] sustain only one interpretation" favoring retroactivity
  7. 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"
  8. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,313 times   64 Legal Analyses
    Holding that statements obtained by custodial interrogation of a criminal defendant without warning of constitutional rights are inadmissible under the Fifth Amendment
  9. Cunningham v. California

    549 U.S. 270 (2007)   Cited 4,293 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"
  10. Kyles v. Whitley

    514 U.S. 419 (1995)   Cited 7,265 times   36 Legal Analyses
    Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense
  11. Section 352 - Balancing of probative value with prejudice

    Cal. Evid. Code § 352   Cited 12,812 times   5 Legal Analyses
    Giving a trial court discretion to exclude evidence "if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury"
  12. Section 189 - Murder of the first degree

    Cal. Pen. Code § 189   Cited 6,909 times
    Providing that malice may be express or implied – with implied malice being, e.g. , "when the circumstances attending the killing show an abandoned and malignant heart"
  13. Section 1101 - Evidence of character to prove conduct

    Cal. Evid. Code § 1101   Cited 6,049 times   2 Legal Analyses
    Regarding admissibility of character evidence
  14. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 5,951 times   4 Legal Analyses
    Prescribing penalty of death or LWOP for special circumstance murder
  15. Section 801 - Expert witness opinion testimony

    Cal. Evid. Code § 801   Cited 2,424 times   1 Legal Analyses
    Limiting expert testimony to opinions related to a subject that is sufficiently beyond common experience that the opinion would assist the trier of fact, and based on matter including special knowledge that is of a type that reasonably may be relied upon by an expert in forming an opinion
  16. Section 190 - Punishment

    Cal. Pen. Code § 190   Cited 1,315 times
    Concerning homicide
  17. Section 1239 - Appeal in manner provided in rules; automatic appeal of judgment of death

    Cal. Pen. Code § 1239   Cited 1,046 times

    (a) Where an appeal lies on behalf of the defendant or the people, it may be taken by the defendant or his or her counsel, or by counsel for the people, in the manner provided in rules adopted by the Judicial Council. (b) When upon any plea a judgment of death is rendered, an appeal is automatically taken by the defendant without any action by him or her or his or her counsel. The defendant's trial counsel, whether retained by the defendant or court appointed, shall continue to represent the defendant

  18. Section 1150 - Inquiry as to validity of verdict

    Cal. Evid. Code § 1150   Cited 885 times   1 Legal Analyses
    Addressing admissibility of statements made, conduct, conditions, or events "likely to have influenced the verdict improperly" to challenge validity of verdict
  19. Section 190.3 - Death penalty for defendant found guilty of first degree murder with special circumstance

    Cal. Pen. Code § 190.3   Cited 821 times   6 Legal Analyses
    Providing that, "[i]n determining the penalty, the trier of fact shall take into account" any relevant listed factors
  20. Section 1367 - Mental incompetence of defendant

    Cal. Pen. Code § 1367   Cited 806 times
    Regarding competency determination
  21. Rule 2.893 - Appointment of interpreters in court proceedings

    Cal. R. 2.893   Cited 9 times

    (a)Application This rule applies to all trial court proceedings in which the court appoints an interpreter for a Limited English Proficient (LEP) person. This rule applies to spoken language interpreters in languages designated and not designated by the Judicial Council. (b)Definitions As used in this rule: (1) "Designated language" means a language selected by the Judicial Council for the development of a certification program under Government Code section 68562; (2) "Certified interpreter" means