§Why CasetextPricing

PEOPLE v. JACKSON (BAILEY)

Appellant’s Opening Brief

249 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,509 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 25,353 times   28 Legal Analyses
    Holding the Sentencing Guidelines are advisory

  3. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,381 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 16,608 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. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,527 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"

  6. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,206 times   224 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  7. Estelle v. McGuire

    502 U.S. 62 (1991)   Cited 19,941 times   9 Legal Analyses
    Holding that a federal habeas court may not reexamine state court determinations of state law questions

  8. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,216 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. Duncan v. Henry

    513 U.S. 364 (1995)   Cited 8,018 times   3 Legal Analyses
    Holding a claim raised in a state-court proceeding must be presented to that court as a federal constitutional claim or it is not exhausted for federal habeas corpus purposes

  10. 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"

  11. Section 187 - Murder

    Cal. Pen. Code § 187   Cited 19,747 times
    Defining murder as "the unlawful killing of a human being . . . with malice aforethought."

  12. Section 15

    Cal. Const. art. I § 15   Cited 3,311 times
    Affording “the right ... to compel attendance of witnesses in the defendant's behalf”

  13. Section 2903.01 - Aggravated murder

    Ohio Rev. Code § 2903.01   Cited 2,945 times
    Causing death while committing, or attempting to commit or fleeing immediately after committing or attempting to commit aggravated robbery

  14. Section 19.03 - Capital Murder

    Tex. Pen. Code § 19.03   Cited 2,729 times   8 Legal Analyses
    Requiring murder of more than one person during a single criminal transaction

  15. Section 13A-5-40 - Capital offenses

    Ala. Code § 13A-5-40   Cited 629 times   5 Legal Analyses
    Explaining that capital murder includes only murder as defined by Alabama Code § 13A–6–2, which requires intent to kill, not as defined by § 13A–6–2 and, which do not

  16. Section 3591 - Sentence of death

    18 U.S.C. § 3591   Cited 538 times   8 Legal Analyses
    Listing mitigating factors to be considered "in determining whether a sentence of death is to be imposed"

  17. Section 163.095 - "Aggravated murder" defined

    ORS § 163.095   Cited 374 times
    Defining “Aggravated murder”

  18. Section 565.021 - Second degree murder, penalty

    Mo. Rev. Stat. § 565.021   Cited 294 times

    1. A person commits the offense of murder in the second degree if he or she: (1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or (2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted

  19. Section 636 - Murder in the first degree; class A felony

    Del. Code tit. 11 § 636   Cited 276 times
    Defining felony murder

  20. Section 5-10-102 - Murder in the first degree

    Ark. Code § 5-10-102   Cited 261 times
    Causing death with the purpose of causing death

  21. Rule 8.630 - Briefs by parties and amicus curiae

    Cal. R. 8.630   Cited 16 times

    (a)Contents and form Except as provided in this rule, briefs in appeals from judgments of death 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 the following limits, including footnotes: (A) Appellant's opening brief: 102,000 words. (B) Respondent's brief: 102,000 words. If the Chief Justice permits the appellant to file an opening brief that exceeds the limit set in (1)(A) or

  22. 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.