239 Cited authorities

  1. 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"
  2. 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
  3. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,657 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"
  4. 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
  5. 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
  6. 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
  7. Batson v. Kentucky

    476 U.S. 79 (1986)   Cited 15,244 times   61 Legal Analyses
    Holding that the Equal Protection Clause applies to the use of peremptory strikes
  8. Tennard v. Dretke

    542 U.S. 274 (2004)   Cited 5,510 times   4 Legal Analyses
    Holding that petitioner was entitled to a COA on his Penry claim where his evidence of low IQ and impaired intellectual functioning had "mitigating dimension beyond the impact it has on the individual's ability to act deliberately"
  9. Kyles v. Whitley

    514 U.S. 419 (1995)   Cited 7,262 times   36 Legal Analyses
    Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense
  10. 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”
  11. Section 187 - Murder

    Cal. Pen. Code § 187   Cited 19,845 times
    Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
  12. Section 211 - Robbery

    Cal. Pen. Code § 211   Cited 14,304 times   3 Legal Analyses
    Requiring taking of personal property of another
  13. Section 352 - Balancing of probative value with prejudice

    Cal. Evid. Code § 352   Cited 12,809 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"
  14. Section 664 - Punishment for attempt to commit crime

    Cal. Pen. Code § 664   Cited 12,481 times
    Requiring intent to kill for attempted murder
  15. Section 459 - Burglary

    Cal. Pen. Code § 459   Cited 11,897 times   4 Legal Analyses
    Providing that a "person who enters" certain locations "with intent to commit grand or petit larceny or any felony is guilty of burglary"
  16. Section 12022.7 - Persona infliction of great bodily injury on person other than accomplice in commission of felony or attempted felony

    Cal. Pen. Code § 12022.7   Cited 8,399 times
    Adopting section 13700's definition of domestic violence
  17. Section 12022.5 - Personal use of firearm in commission of felony or attempted felony

    Cal. Pen. Code § 12022.5   Cited 8,180 times
    Providing for sentence enhancement
  18. Section 189 - Murder of the first degree

    Cal. Pen. Code § 189   Cited 6,907 times
    Providing that malice may be express or implied – with implied malice being, e.g. , "when the circumstances attending the killing show an abandoned and malignant heart"
  19. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 5,949 times   4 Legal Analyses
    Prescribing penalty of death or LWOP for special circumstance murder
  20. Section Amendment XIV - Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection

    U.S. Const. amend. XIV   Cited 11,428 times   3 Legal Analyses
    Prohibiting deprivations by “State”
  21. Rule 8.224 - Transmitting exhibits

    Cal. R. 8.224   Cited 247 times

    (a)Notice of designation (1) Within 10 days after the last respondent's brief is filed or could be filed under rule 8.220, a party wanting the reviewing court to consider any original exhibits that were admitted in evidence, refused, or lodged but that were not copied in the clerk's transcript under rule 8.122 or the appendix under rule 8.124 must serve and file a notice in superior court designating such exhibits. (2) Within 10 days after a notice under (1) is served, any other party wanting the