156 Cited authorities

  1. United States v. Booker

    543 U.S. 220 (2005)   Cited 25,360 times   28 Legal Analyses
    Holding the Sentencing Guidelines are advisory
  2. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 16,609 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”
  3. 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"
  4. Ring v. Arizona

    536 U.S. 584 (2002)   Cited 4,998 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”
  5. Cleburne v. Cleburne Living Center, Inc.

    473 U.S. 432 (1985)   Cited 9,682 times   5 Legal Analyses
    Holding that mental disability is not a quasi-suspect class
  6. Roper v. Simmons

    543 U.S. 551 (2005)   Cited 3,490 times   38 Legal Analyses
    Holding "that the death penalty cannot be imposed upon juvenile offenders"
  7. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,461 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"
  8. Atkins v. Virginia

    536 U.S. 304 (2002)   Cited 3,121 times   54 Legal Analyses
    Holding that it violates the Eighth Amendment to execute intellectually disabled defendants
  9. Panetti v. Quarterman

    551 U.S. 930 (2007)   Cited 1,985 times   7 Legal Analyses
    Holding that a petition raising a previously unripe claim of incompetency was not a second or successive petition under AEDPA
  10. Gregg v. Georgia

    428 U.S. 153 (1976)   Cited 6,619 times   31 Legal Analyses
    Holding that "accurate sentencing information is an indispensable prerequisite to a reasoned determination of whether a defendant shall live or die"
  11. Section 187 - Murder

    Cal. Pen. Code § 187   Cited 19,773 times
    Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
  12. Section 245 - Assault with deadly weapon or instrument other than firearm; assault with firearm; assault with machinegun; assault by means of force likely to produce great bodily injury; assault with semiautomatic firearm

    Cal. Pen. Code § 245   Cited 18,496 times   4 Legal Analyses
    Prohibiting an assault by "any means of force likely to produce great bodily injury"
  13. Section 12022.53 - Personal use of firearm during commission of specified felonies

    Cal. Pen. Code § 12022.53   Cited 12,162 times
    Providing for an enhancement to any person who, in the commission of attempted murder, "personally and intentionally discharges a firearm and proximately causes great bodily injury, . . . , or death, to any person other than an accomplice."
  14. 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 8,385 times
    Adopting section 13700's definition of domestic violence
  15. Section 12022.5 - Personal use of firearm in commission of felony or attempted felony

    Cal. Pen. Code § 12022.5   Cited 8,156 times
    Providing for sentence enhancement
  16. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 5,920 times   4 Legal Analyses
    Prescribing penalty of death or LWOP for special circumstance murder
  17. Section 1368 - Doubt about mental competence of defendant during pendency of action

    Cal. Pen. Code § 1368   Cited 1,896 times
    Requiring a court to appoint an attorney for a defendant in a criminal case if a doubt arises in the mind of the judge as to the defendant's mental competence
  18. Section 1026 - Plea of not guilty by reason of insanity joined with another plea

    Cal. Pen. Code § 1026   Cited 867 times
    Authorizing a person who has been committed to a state facility upon a finding of not guilty by reason of insanity to apply for release in the superior court that issued the commitment order
  19. Section 190.3 - Death penalty for defendant found guilty of first degree murder with special circumstance

    Cal. Pen. Code § 190.3   Cited 821 times   6 Legal Analyses
    Providing that, "[i]n determining the penalty, the trier of fact shall take into account" any relevant listed factors
  20. 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