506 Cited authorities

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"
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
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”
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"
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
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
Wiggins v. Smith
539 U.S. 510 (2003) Cited 9,484 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
Murray v. Carrier
477 U.S. 478 (1986) Cited 16,463 times 14 Legal Analyses
Holding that constitutionally ineffective assistance of counsel may provide cause for a procedural default
Miranda v. Arizona
384 U.S. 436 (1966) Cited 60,311 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
Kyles v. Whitley
514 U.S. 419 (1995) Cited 7,263 times 36 Legal Analyses
Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense
Section 2254 - State custody; remedies in Federal courts
28 U.S.C. § 2254 Cited 204,508 times 341 Legal Analyses
Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"
Section Amendment VI - Rights of Accused in Criminal Prosecutions
U.S. Const. amend. VI Cited 28,184 times 1 Legal Analyses
Granting the accused the right to be tried "by an impartial jury of the State and district wherein the crime shall have been committed."
Section 753 - Reporters
28 U.S.C. § 753 Cited 2,318 times 1 Legal Analyses
Requiring federal court proceedings to be recorded verbatim
Section 2929.04 - Death penalty or imprisonment - aggravating and mitigating factors
Ohio Rev. Code § 2929.04 Cited 1,157 times 6 Legal Analyses
Stating that the jury is to weigh against the aggravating circumstances, inter alia, "the nature and circumstances of the offense, the history, character, and background of the offender"
Section 37.071 - Procedure In Capital Case
Tex. Code Crim. Proc. art. 37.071 Cited 1,041 times 7 Legal Analyses
Identifying "special issues" to be considered by the sentencer when determining the appropriate sentence
Section 2 - Powers and Duties of the President
U.S. Const. art. II, § 2 Cited 1,293 times 2 Legal Analyses
Granting to the President authority to "make Treaties" and "appoint Ambassadors" and serve as "Commander in Chief of the Army and Navy of the United States"
Section 9711 - Sentencing procedure for murder of the first degree
42 Pa. C.S. § 9711 Cited 740 times 1 Legal Analyses
Holding that the victim's statements about the defendant that were communicated to the defendant were not hearsay when the statements were offered to prove the defendant's motive for killing the victim
Section 2929.05 - Supreme court review upon appeal of sentence of death
Ohio Rev. Code § 2929.05 Cited 481 times
Directing the reviewing court to "independently weigh all facts and other evidence disclosed in the record in the case and consider the offense and the offender to determine . . . whether the sentence of death is appropriate"
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 434 times
Requiring the appellate court to determine whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases
Section 17-10-30 - Procedure for imposition of death penalty generally
Ga. Code § 17-10-30 Cited 447 times 8 Legal Analyses
Authorizing the death penalty for those who commit murder and have prior convictions for "rape, aggravated sodomy, aggravated child molestation, or aggravated sexual battery"

RENO ON H.C.

506 Cited authorities

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"

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

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”

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"

Holding that a federal habeas court may not reexamine state court determinations of state law questions

Holding that the government has an obligation to provide medical care to incarcerated persons

Holding that constitutionally ineffective assistance of counsel may provide cause for a procedural default

Holding that statements obtained by custodial interrogation of a criminal defendant without warning of constitutional rights are inadmissible under the Fifth Amendment

Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense

Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"

Granting the accused the right to be tried "by an impartial jury of the State and district wherein the crime shall have been committed."

Requiring federal court proceedings to be recorded verbatim

Stating that the jury is to weigh against the aggravating circumstances, inter alia, "the nature and circumstances of the offense, the history, character, and background of the offender"

Identifying "special issues" to be considered by the sentencer when determining the appropriate sentence

Granting to the President authority to "make Treaties" and "appoint Ambassadors" and serve as "Commander in Chief of the Army and Navy of the United States"

Holding that the victim's statements about the defendant that were communicated to the defendant were not hearsay when the statements were offered to prove the defendant's motive for killing the victim

Directing the reviewing court to "independently weigh all facts and other evidence disclosed in the record in the case and consider the offense and the offender to determine . . . whether the sentence of death is appropriate"

Requiring the appellate court to determine whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases

Authorizing the death penalty for those who commit murder and have prior convictions for "rape, aggravated sodomy, aggravated child molestation, or aggravated sexual battery"