456 Cited authorities

  1. Miller-El v. Cockrell

    537 U.S. 322 (2003)   Cited 49,508 times   14 Legal Analyses
    Holding that the government's exclusion of 10 out of 14, or 91%, of Black prospective jurors—along with the state's unreliable justifications—showed purposeful discrimination
  2. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 161,851 times   179 Legal Analyses
    Holding that ineffective assistance of counsel requires two showings: one, that "counsel's performance was deficient," and two, that "the deficient performance prejudiced the defense"
  3. Williams v. Taylor

    529 U.S. 362 (2000)   Cited 38,493 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
  4. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,880 times   101 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
  5. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 78,672 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. Estelle v. McGuire

    502 U.S. 62 (1991)   Cited 20,420 times   9 Legal Analyses
    Holding habeas review only looks to whether "the admission of the evidence violated [defendant]'s constitutional rights" and not state law questions
  7. Wiggins v. Smith

    537 U.S. 1231 (2003)   Cited 9,690 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
  8. Lindh v. Murphy

    521 U.S. 320 (1997)   Cited 11,172 times   29 Legal Analyses
    Holding that the statutory language must be "so clear that it [can] sustain only one interpretation" favoring retroactivity
  9. Brecht v. Abrahamson

    507 U.S. 619 (1993)   Cited 12,029 times   30 Legal Analyses
    Holding that when a court has "never squarely addressed the issue, and ha at most assumed" something in a prior decision, it is "free to address the issue on the merits"
  10. Batson v. Kentucky

    476 U.S. 79 (1986)   Cited 15,429 times   61 Legal Analyses
    Holding that the Equal Protection Clause applies to the use of peremptory strikes
  11. Section 187 - Murder

    Cal. Pen. Code § 187   Cited 20,735 times
    Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
  12. Section 352 - Balancing of probative value with prejudice

    Cal. Evid. Code § 352   Cited 13,016 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"
  13. Section 452 - Matters permitting judicial notice

    Cal. Evid. Code § 452   Cited 8,194 times   1 Legal Analyses
    Permitting notice to be taken of the "[o]fficial acts of the . . . judicial departments . . . of any state of the United States"
  14. Section 189 - Murder of the first degree

    Cal. Pen. Code § 189   Cited 7,352 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"
  15. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 6,225 times   4 Legal Analyses
    Requiring that defendant previously was “convicted” of first or second degree murder
  16. Section 459 - Duties of reviewing court

    Cal. Evid. Code § 459   Cited 4,336 times   1 Legal Analyses
    Reviewing court may take judicial notice of any matter specified in § 452
  17. Section 484 - Theft

    Cal. Pen. Code § 484   Cited 2,852 times   4 Legal Analyses
    Outlining the elements of both theories
  18. Section 801 - Expert witness opinion testimony

    Cal. Evid. Code § 801   Cited 2,472 times   1 Legal Analyses
    Limiting expert testimony to opinions related to a subject that is sufficiently beyond common experience that the opinion would assist the trier of fact, and based on matter including special knowledge that is of a type that reasonably may be relied upon by an expert in forming an opinion
  19. Section 1259 - Review of question of law or instruction

    Cal. Pen. Code § 1259   Cited 1,784 times
    Preserving claims of instructional error affecting substantial rights despite lack of objection below
  20. Section 1239 - Appeal in manner provided in rules; automatic appeal of judgment of death

    Cal. Pen. Code § 1239   Cited 1,051 times

    (a) Where an appeal lies on behalf of the defendant or the people, it may be taken by the defendant or his or her counsel, or by counsel for the people, in the manner provided in rules adopted by the Judicial Council. (b) When upon any plea a judgment of death is rendered, an appeal is automatically taken by the defendant without any action by him or her or his or her counsel. The defendant's trial counsel, whether retained by the defendant or court appointed, shall continue to represent the defendant

  21. Rule 8.320 - Normal record; exhibits

    Cal. R. 8.320   Cited 137 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