203 Cited authorities

  1. United States v. Booker

    543 U.S. 220 (2005)   Cited 25,386 times   28 Legal Analyses
    Holding the Sentencing Guidelines are advisory
  2. 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”
  3. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,417 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"
  4. 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”
  5. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,305 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
  6. 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"
  7. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,999 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”
  8. Melendez–Diaz v. Massachusetts

    557 U.S. 305 (2009)   Cited 3,555 times   46 Legal Analyses
    Holding that a certification that material seized by the police included cocaine was testimonial
  9. Neder v. United States

    527 U.S. 1 (1999)   Cited 4,951 times   31 Legal Analyses
    Holding that the failure to submit an uncontested element of an offense to a jury may be harmless
  10. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,490 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"
  11. 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"
  12. Section 127.800 - Section 1.01. Definitions

    ORS § 127.800   Cited 16 times

    The following words and phrases, whenever used in ORS 127.800 to 127.897, have the following meanings: (1) "Adult" means an individual who is 18 years of age or older. (2) "Attending physician" means the physician who has primary responsibility for the care of the patient and treatment of the patient's terminal disease. (3) "Capable" means that in the opinion of a court or in the opinion of the patient's attending physician or consulting physician, psychiatrist or psychologist, a patient has the