169 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,650 times   100 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”
  2. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,419 times   82 Legal Analyses
    Holding that the Sixth Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"
  3. Blakely v. Washington

    542 U.S. 296 (2004)   Cited 16,617 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”
  4. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,294 times   225 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
  5. Tennard v. Dretke

    542 U.S. 274 (2004)   Cited 5,511 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"
  6. Davis v. Washington

    547 U.S. 813 (2006)   Cited 4,806 times   32 Legal Analyses
    Holding that statements made "in the course of police interrogation" are testimonial when made under "circumstances objectively indicat[ing] ... that the primary purpose of the interrogation [was] to establish or prove past events potentially relevant to later criminal prosecution"
  7. Strickler v. Greene

    527 U.S. 263 (1999)   Cited 6,390 times   20 Legal Analyses
    Holding that a newspaper article detailing that a witness had been interviewed by the police did not suffice to put a defendant's lawyer on notice that records and evidence concerning the witness existed and had been suppressed
  8. Cunningham v. California

    549 U.S. 270 (2007)   Cited 4,293 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"
  9. Kyles v. Whitley

    514 U.S. 419 (1995)   Cited 7,265 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 19,847 times
    Defining murder as "the unlawful killing of a human being . . . with malice aforethought."
  12. Section 190.2 - Penalty for defendant found guilty of first-degree murder with special circumstance

    Cal. Pen. Code § 190.2   Cited 5,951 times   4 Legal Analyses
    Prescribing penalty of death or LWOP for special circumstance murder
  13. Section 1043 - Peace or custodial officer personnel records

    Cal. Evid. Code § 1043   Cited 1,276 times   1 Legal Analyses
    Addressing "discovery . . . of peace or custodial officer personnel records or records maintained pursuant to 832.5 of the Penal Code"
  14. Section 1054.1 - Disclosure to defendant

    Cal. Pen. Code § 1054.1   Cited 601 times
    Requiring prosecutor to disclose to defendant "[t]he names and addresses of persons the prosecutor intends to call as witnesses at trial."
  15. Section 1054 - Purposes

    Cal. Pen. Code § 1054   Cited 375 times
    Expressing purposes of reciprocal discovery to ascertain truth, save court time, and protect victims and witnesses "in criminal cases"
  16. Rule 4.414 - Criteria affecting probation

    Cal. R. 4.414   Cited 525 times

    Criteria affecting the decision to grant or deny probation include facts relating to the crime and facts relating to the defendant. (a) Facts relating to the crime Facts relating to the crime include: (1) The nature, seriousness, and circumstances of the crime as compared to other instances of the same crime; (2) Whether the defendant was armed with or used a weapon; (3) The vulnerability of the victim; (4) Whether the defendant inflicted physical or emotional injury; (5) The degree of monetary loss