248 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 132,232 times   173 Legal Analyses
    Holding that deficient performance means that "counsel's representation fell below an objective standard of reasonableness" as measured by "prevailing professional norms"
  2. United States v. Booker

    543 U.S. 220 (2005)   Cited 22,503 times   22 Legal Analyses
    Holding the Sentencing Guidelines are advisory
  3. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 14,421 times   81 Legal Analyses
    Holding that an absent witness's statements are admissible under the Confrontation Clause "only where the declarant is unavailable, and only where the defendant [] had a prior opportunity to cross-examine"
  4. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 14,069 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 68,985 times   16 Legal Analyses
    Holding that court must presume trier of fact resolved all inferences in favor of the prosecution "even if it does not affirmatively appear in the record"
  6. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 20,294 times   183 Legal Analyses
    Holding that Fed. R. Evid. 702 authorizes a "preliminary assessment of whether the reasoning or methodology underlying the testimony [of an expert] is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue"
  7. Estelle v. McGuire

    502 U.S. 62 (1991)   Cited 15,757 times   9 Legal Analyses
    Holding that federal habeas courts cannot review state court applications of state procedural rules
  8. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 52,195 times   60 Legal Analyses
    Holding that law enforcement officers must warn an individual of certain constitutional rights and the consequences of waiving those rights prior to conducting a custodial interrogation
  9. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,543 times   51 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”
  10. Duncan v. Henry

    513 U.S. 364 (1995)   Cited 6,394 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
  11. Section 187

    Cal. Pen. Code § 187   Cited 8,032 times
    Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
  12. Section 19.03 - Capital Murder

    Tex. Pen. Code § 19.03   Cited 2,332 times   8 Legal Analyses
    Defining capital murder in part as murder where "the person murders more than one person . . . during the same criminal transaction"
  13. Section 3591 - Sentence of death

    18 U.S.C. § 3591   Cited 497 times   8 Legal Analyses
    Referring to offenses where the defendant "killed the victim," offenses that "resulted in the death of the victim," and offenses where the "victim died"
  14. Section 2903.01 - Aggravated murder

    Ohio Rev. Code § 2903.01   Cited 345 times   1 Legal Analyses
    Requiring a person to "purposely" cause the death of another during the course of a felony in order for the crime to meet the definition of aggravated murder
  15. Section 163.095 - "Aggravated murder" defined

    Or. Rev. Stat. § 163.095   Cited 341 times
    Defining “Aggravated murder”
  16. Section 636 - Murder in the first degree; class A felony

    Del. Code tit. 11 § 636   Cited 255 times
    Defining felony murder
  17. Section 5-10-102 - Murder in the first degree

    Ark. Code § 5-10-102   Cited 213 times
    Causing death with the purpose of causing death
  18. Section 10.95.020 - Definition

    Wash. Rev. Code § 10.95.020   Cited 168 times   1 Legal Analyses
    Setting forth aggravating factors
  19. Section 13A-5-40 - Capital offenses

    Ala. Code § 13A-5-40   Cited 89 times   5 Legal Analyses
    Listing as a capital offense "[m]urder by a defendant who has been convicted of any other murder in the 20 years preceding the crime"
  20. Section 565.021 - Second degree murder, penalty

    Mo. Rev. Stat. § 565.021   Cited 40 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

  21. Rule 8.630 - Briefs by parties and amicus curiae

    Cal. R. 8.630   Cited 4 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