§Why CasetextPricing

PEOPLE v. HARDY

Appellant’s Opening Brief

398 Cited authorities

  1. 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

  2. United States v. Booker

    543 U.S. 220 (2005)   Cited 25,387 times   28 Legal Analyses
    Holding the Sentencing Guidelines are advisory

  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. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,419 times   82 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"

  5. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 16,617 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”

  6. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,657 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"

  7. 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

  8. Graham v. Florida

    560 U.S. 48 (2010)   Cited 4,410 times   46 Legal Analyses
    Holding life without parole sentences unconstitutional for non-homicide juvenile offenders

  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. Tennard v. Dretke

    542 U.S. 274 (2004)   Cited 5,510 times   4 Legal Analyses
    Holding that petitioner was entitled to a COA on his Penry claim where his evidence of low IQ and impaired intellectual functioning had "mitigating dimension beyond the impact it has on the individual's ability to act deliberately"

  11. Section 7

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

  12. Rule 106 - Remainder of or Related Statements

    Fed. R. Evid. 106   Cited 1,052 times   10 Legal Analyses
    Providing that a party is entitled to the admission of any part of a recorded statement which ought, in fairness, be considered contemporaneously with the portion of a statement excerpted by an adverse party

  13. Rule 8.360 - Briefs by parties and amici curiae

    Cal. R. 8.360   Cited 102 times

    (a)Contents and form Except as provided in this rule, briefs in criminal appeals must comply as nearly as possible with rules 8.200 and 8.204. (Subd (a) amended effective January 1, 2007.) (b) Length (1) A brief produced on a computer must not exceed 25,500 words, including footnotes. Such a brief must include a certificate by appellate counsel or an unrepresented defendant stating the number of words in the brief; the person certifying may rely on the word count of the computer program used to prepare

  14. Rule 8.600 - Renumbered effective April 25, 2019

    Cal. R. 8.600   Cited 1 times

    Cal. R. Ct. 8.600 Rule 8.600 renumbered as rule 8.603.