254 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,593 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. United States v. Booker

    543 U.S. 220 (2005)   Cited 25,360 times   28 Legal Analyses
    Holding the Sentencing Guidelines are advisory
  3. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,619 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 17,392 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 16,609 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 77,568 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. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,240 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
  8. Batson v. Kentucky

    476 U.S. 79 (1986)   Cited 15,232 times   61 Legal Analyses
    Holding that the Equal Protection Clause applies to the use of peremptory strikes
  9. Cunningham v. California

    549 U.S. 270 (2007)   Cited 4,291 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. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,998 times   50 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”
  11. Section 187 - Murder

    Cal. Pen. Code § 187   Cited 19,773 times
    Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
  12. Section 352 - Balancing of probative value with prejudice

    Cal. Evid. Code § 352   Cited 12,791 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"
  13. Section 664 - Punishment for attempt to commit crime

    Cal. Pen. Code § 664   Cited 12,443 times
    Requiring intent to kill for attempted murder
  14. Section 12022.53 - Personal use of firearm during commission of specified felonies

    Cal. Pen. Code § 12022.53   Cited 12,162 times
    Providing for an enhancement to any person who, in the commission of attempted murder, "personally and intentionally discharges a firearm and proximately causes great bodily injury, . . . , or death, to any person other than an accomplice."
  15. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 5,920 times   4 Legal Analyses
    Prescribing penalty of death or LWOP for special circumstance murder
  16. Section 240 - Assault

    Cal. Pen. Code § 240   Cited 2,005 times   1 Legal Analyses
    Defining "assault" as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another"
  17. Section 1368 - Doubt about mental competence of defendant during pendency of action

    Cal. Pen. Code § 1368   Cited 1,896 times
    Requiring a court to appoint an attorney for a defendant in a criminal case if a doubt arises in the mind of the judge as to the defendant's mental competence
  18. Section 1181 - Grant of new trial

    Cal. Pen. Code § 1181   Cited 1,762 times
    Finding contrary to evidence
  19. Section 190 - Punishment

    Cal. Pen. Code § 190   Cited 1,314 times
    Concerning homicide
  20. Section 1043 - Peace or custodial officer personnel records

    Cal. Evid. Code § 1043   Cited 1,275 times   1 Legal Analyses
    Addressing "discovery . . . of peace or custodial officer personnel records or records maintained pursuant to 832.5 of the Penal Code"