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BELL (STEVEN M.) ON H.C.

Petitioner’s Amended Petition for Writ of Habeas Corpus

52 Cited authorities

  1. Batson v. Kentucky

    476 U.S. 79 (1986)   Cited 15,239 times   61 Legal Analyses
    Holding that the Equal Protection Clause applies to the use of peremptory strikes

  2. Roper v. Simmons

    543 U.S. 551 (2005)   Cited 3,496 times   38 Legal Analyses
    Holding "that the death penalty cannot be imposed upon juvenile offenders"

  3. Atkins v. Virginia

    536 U.S. 304 (2002)   Cited 3,124 times   54 Legal Analyses
    Holding that it violates the Eighth Amendment to execute intellectually disabled defendants

  4. Hewitt v. Helms

    459 U.S. 460 (1983)   Cited 5,168 times   2 Legal Analyses
    Holding that an inmate being considered for transfer to administrative segregation is entitled to "some notice of the charges against him and an opportunity to present his views to the prison official charged with deciding whether to transfer him to administrative segregation"

  5. Johnson v. California

    545 U.S. 162 (2005)   Cited 1,391 times   5 Legal Analyses
    Holding that the People v. Wheeler, 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748 and Batson standards are different, and that the less demanding Batson standard controls

  6. Lawrence v. Texas

    539 U.S. 558 (2003)   Cited 1,153 times   33 Legal Analyses
    Holding statute that criminalizes two persons of same sex engaging in intimate sexual conduct unconstitutional under the Fourteenth Amendment

  7. Furman v. Georgia

    408 U.S. 238 (1972)   Cited 3,612 times   27 Legal Analyses
    Holding that death penalty cannot be imposed using sentencing procedures that create a risk of arbitrary and discriminatory enforcement

  8. In re Robbins

    18 Cal.4th 770 (Cal. 1998)   Cited 2,961 times
    Holding that a habeas claim "that is substantially delayed" will not be considered unless "the petitioner can demonstrate 'good cause' for the delay."

  9. Hicks v. Oklahoma

    447 U.S. 343 (1980)   Cited 792 times   1 Legal Analyses
    Holding that a defendant has a “substantial and legitimate expectation” under the Fourteenth Amendment to be deprived of his liberty only to the extent determined by the trier of fact “in the exercise of its statutory discretion”

  10. People v. Wheeler

    22 Cal.3d 258 (Cal. 1978)   Cited 2,167 times   4 Legal Analyses
    Holding that the remedy for a successful Wheeler motion is that “a different venire shall be drawn and the jury selection process may begin anew”

  11. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 5,944 times   4 Legal Analyses
    Prescribing penalty of death or LWOP for special circumstance murder

  12. 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

  13. Section 190.4 - Special circumstances

    Cal. Pen. Code § 190.4   Cited 774 times   1 Legal Analyses
    In section 190.4, subdivision (e), it provides in pertinent part that, "[i]n every case in which the trier of fact has returned a verdict or finding imposing the death penalty, the defendant shall be deemed to have made an application for modification of such verdict or finding pursuant to Subdivision 7 of Section 11 [ sic: read Section 1181]" on the ground that it is "contrary to law or the evidence presented."

  14. Section 1417.1 - Destruction of exhibit prior to final determination prohibited

    Cal. Pen. Code § 1417.1   Cited 11 times

    No order shall be made for the destruction of an exhibit prior to the final determination of the action or proceeding. For the purposes of this chapter, the date when a criminal action or proceeding becomes final is as follows: (a) When no notice of appeal is filed, 30 days after the last day for filing that notice. (b) When a notice of appeal is filed, 30 days after the date the clerk of the court receives the remittitur affirming the judgment. (c) When an order for a rehearing, a new trial, or

  15. Section 190.7 - Entire record

    Cal. Pen. Code § 190.7   Cited 6 times

    (a) The "entire record" referred to in Section 190.6 includes, but is not limited to, the following: (1) The normal and additional record prescribed in the rules adopted by the Judicial Council pertaining to an appeal taken by the defendant from a judgment of conviction. (2) A copy of any other paper or record on file or lodged with the superior or municipal court and a transcript of any other oral proceeding reported in the superior or municipal court pertaining to the trial of the cause. (b) Notwithstanding

  16. Rule 8.320 - Normal record; exhibits

    Cal. R. 8.320   Cited 132 times

    (a) Contents If the defendant appeals from a judgment of conviction, or if the People appeal from an order granting a new trial, the record must contain a clerk's transcript and a reporter's transcript, which together constitute the normal record. (b) Clerk's transcript The clerk's transcript must contain: (1) The accusatory pleading and any amendment; (2) Any demurrer or other plea; (3) All court minutes; (4) All jury instructions that any party submitted in writing and the cover page required by