64 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,831 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"
Smith v. Phillips
455 U.S. 209 (1982) Cited 4,854 times 13 Legal Analyses
Holding that a juror's pending job application with the prosecutor's office required a post-trial hearing on juror bias
Lockhart v. McCree
476 U.S. 162 (1986) Cited 1,414 times 7 Legal Analyses
Holding that fair cross-section requirement applies to jury pool not petit jury
Woodson v. North Carolina
428 U.S. 280 (1976) Cited 1,931 times 22 Legal Analyses
Holding that the State's mandatory death penalty statute violated the Eighth and Fourteenth Amendments
Irvin v. Dowd
366 U.S. 717 (1961) Cited 3,668 times 7 Legal Analyses
Holding that eight jurors’ predisposed opinions as to guilt based on adverse pre-trial publicity violated the defendant's right to an impartial jury
McDonough Power Equipment, Inc. v. Greenwood
464 U.S. 548 (1984) Cited 1,401 times 7 Legal Analyses
Holding that, to obtain a new trial because of a juror's alleged untruthfulness during voir dire, "a party must first demonstrate that a juror failed to answer honestly a material question on voir dire, and then further show that a correct response would have provided a valid basis for a challenge for cause."
Gardner v. Florida
430 U.S. 349 (1977) Cited 1,543 times 21 Legal Analyses
Holding that a capital defendant's due process rights were violated because he was sentenced without being provided access to information relevant to the trial court's sentencing decision
Tanner v. United States
483 U.S. 107 (1987) Cited 988 times 8 Legal Analyses
Holding that Federal Rule of Evidence 606(b) prohibited inquiry into alleged juror intoxication during deliberations and that other procedural safeguards in the trial process protected the defendant's Sixth Amendment right to a fair trial
People v. Duvall
9 Cal.4th 464 (Cal. 1995) Cited 2,665 times
Holding that a petition for writ of habeas corpus must include copies of reasonably available evidence
Taylor v. Kentucky
436 U.S. 478 (1978) Cited 778 times 4 Legal Analyses
Holding that trial court's failure to give requested instruction on presumption of innocence resulted in violation of defendant's right to a fair trial
Section Amendment VI - Rights of Accused in Criminal Prosecutions
U.S. Const. amend. VI Cited 28,170 times 1 Legal Analyses
Granting the accused the right to be tried "by an impartial jury of the State and district wherein the crime shall have been committed."
Section Amendment XIV - Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection
U.S. Const. amend. XIV Cited 11,425 times 3 Legal Analyses
Prohibiting deprivations by “State”
Section Amendment VIII - Further Guarantees in Criminal Cases
U.S. Const. amend. VIII Cited 9,136 times
Prohibiting "cruel and unusual punishments"
Section 15
Cal. Const. art. I § 15 Cited 3,313 times
Affording “the right ... to compel attendance of witnesses in the defendant's behalf”
Section 16
Cal. Const. art. I § 16 Cited 1,775 times 2 Legal Analyses
Stating that the right to a "trial by jury is an inviolate right"
Section 17
Cal. Const. art. I § 17 Cited 1,409 times
Prohibiting cruel or unusual punishment
Section 780 - Factors to be considered in determining credibility
Cal. Evid. Code § 780 Cited 1,148 times
Listing factors court may consider in determining credibility of a witness
Section 1235 - Prior inconsistent statements
Cal. Evid. Code § 1235 Cited 946 times
Providing hearsay exception for prior inconsistent statements
Section 1150 - Inquiry as to validity of verdict
Cal. Evid. Code § 1150 Cited 885 times 1 Legal Analyses
Addressing admissibility of statements made, conduct, conditions, or events "likely to have influenced the verdict improperly" to challenge validity of verdict
Section 770 - Extrinsic evidence of inconsistent statement
Cal. Evid. Code § 770 Cited 435 times
Permitting admission of statement made by a witness that is inconsistent with any part of his testimony if "[t]he witness was so examined while testifying as to give him an opportunity to explain or to deny the statement"

BELL (STEVEN M.) ON H.C.

64 Cited authorities

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"

Holding that a juror's pending job application with the prosecutor's office required a post-trial hearing on juror bias

Holding that fair cross-section requirement applies to jury pool not petit jury

Holding that the State's mandatory death penalty statute violated the Eighth and Fourteenth Amendments

Holding that eight jurors’ predisposed opinions as to guilt based on adverse pre-trial publicity violated the defendant's right to an impartial jury

Holding that a capital defendant's due process rights were violated because he was sentenced without being provided access to information relevant to the trial court's sentencing decision

Holding that Federal Rule of Evidence 606(b) prohibited inquiry into alleged juror intoxication during deliberations and that other procedural safeguards in the trial process protected the defendant's Sixth Amendment right to a fair trial

Holding that a petition for writ of habeas corpus must include copies of reasonably available evidence

Holding that trial court's failure to give requested instruction on presumption of innocence resulted in violation of defendant's right to a fair trial

Granting the accused the right to be tried "by an impartial jury of the State and district wherein the crime shall have been committed."

Prohibiting deprivations by “State”

Prohibiting "cruel and unusual punishments"

Affording “the right ... to compel attendance of witnesses in the defendant's behalf”

Stating that the right to a "trial by jury is an inviolate right"

Prohibiting cruel or unusual punishment

Listing factors court may consider in determining credibility of a witness

Providing hearsay exception for prior inconsistent statements

Addressing admissibility of statements made, conduct, conditions, or events "likely to have influenced the verdict improperly" to challenge validity of verdict

Permitting admission of statement made by a witness that is inconsistent with any part of his testimony if "[t]he witness was so examined while testifying as to give him an opportunity to explain or to deny the statement"