355 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,880 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"
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”
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"
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”
Miller v. Alabama
567 U.S. 460 (2012) Cited 6,840 times 63 Legal Analyses
Holding mandatory life without parole sentences unconstitutional for all juvenile offenders
Wiggins v. Smith
539 U.S. 510 (2003) Cited 9,484 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
Bell v. Cone
535 U.S. 685 (2002) Cited 9,830 times 14 Legal Analyses
Holding that state court adjudication that “correctly identified the principles announced [by the Supreme Court] as those governing the analysis ... was [not] contrary to ... clearly established law”
Graham v. Florida
560 U.S. 48 (2010) Cited 4,410 times 46 Legal Analyses
Holding life without parole sentences unconstitutional for non-homicide juvenile offenders
Tennard v. Dretke
542 U.S. 274 (2004) Cited 5,510 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"
Kyles v. Whitley
514 U.S. 419 (1995) Cited 7,263 times 36 Legal Analyses
Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense
Section 13
Cal. Const. art. VI § 13 Cited 4,516 times
Requiring a "miscarriage of justice"
Section 684 - Prosecution of criminal action in name of people of State of California
Cal. Pen. Code § 684 Cited 70 times
Requiring that a "criminal action is prosecuted in the name of the people of the State of California. . . ."
Section 653 - Unlawful tattooing of person under age of 18 years
Cal. Pen. Code § 653 Cited 50 times
Every person who tattoos or offers to tattoo a person under the age of 18 years is guilty of a misdemeanor. As used in this section, to "tattoo" means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin. This section is not intended to apply to any act of a licensed practitioner of the healing arts performed in the course of his practice. Ca. Pen. Code § 653 Added by Stats.
Section 100 - Sovereignty of state resides in people; style of process
Cal. Gov. Code § 100 Cited 44 times
Requiring that all prosecutions shall be conducted in the name of and through the authority of the State of California
Section 13-3721 - Tattoos, brands, scarifications and piercings; minors; anesthesia; exception; defense; violation; classification; definitions
Ariz. Rev. Stat. § 13-3721 Cited 5 times
Prohibiting tattooing or body piercing "of a person who is under eighteen years of age without the physical presence of the parent or legal guardian . . ."
Section 14:93.2 - Tattooing and body piercing of minors; prohibition
La. Stat. tit. 14 § 93.2 Cited 5 times
A. It is unlawful for any person to tattoo or body pierce any other person under the age of eighteen without the consent of an accompanying parent or tutor of such person. B. It is unlawful for any business entity to pierce the body of any person under the age of eighteen without the consent of a parent or legal custodian of such person. C. Whoever is found guilty of violating the provisions of this Section shall be fined not less than one hundred dollars nor more than five hundred dollars or be
Section 45-5-623 - Unlawful transactions with children
Mont. Code § 45-5-623 Cited 3 times
(1) Except as provided for in 16-6-305, a person commits the offense of unlawful transactions with children if the person knowingly: (a) sells or gives explosives to a child except as authorized under appropriate city ordinances; (b) sells or gives intoxicating substances other than alcoholic beverages to a child; (c) sells or gives an alcoholic beverage to a person under 21 years of age; (d) sells or gives to a child a tobacco product, alternative nicotine product, or vapor product, as defined in
Section 3730.06 - Consent required to perform procedure on minor
Ohio Rev. Code § 3730.06 Cited 2 times
(A) No person shall perform a tattooing procedure, body piercing procedure, or ear piercing procedure with an ear piercing gun on an individual who is under eighteen years of age unless consent has been given by the individual's parent, guardian, or custodian in accordance with division (B) of this section. (B) A parent, guardian, or custodian of an individual under age eighteen who desires to give consent to a business to perform on the individual under age eighteen a tattooing procedure, body piercing
Section 211.760 - Tattooing and body piercing of humans by nonmedical personnel for remuneration - Registration - Administrative regulations - Compliance checks - Hearings
Ky. Rev. Stat. § 211.760 Cited 1 times
(1) As used in this section: (a) "Body piercing" means the act of penetrating the skin or body part of a human being to make a hole, mark, or scar; (b) "Facility" means the place of business where tattooing, body piercing, or both are conducted; and (c) "Tattooing" means the act of producing scars on a human being or the act of inserting pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce indelible marks or figures visible through the skin, including
Section 35-42-2-7 - [Repealed]
Ind. Code § 35-42-2-7 Cited 1 times
Tattooing a minor
Rule 8.47 - Confidential records
Cal. R. 8.47 Cited 60 times
(a)Application This rule applies to confidential records but does not apply to records sealed by court order under rules 2.550-2.551 or rule 8.46 or to conditionally sealed records under rule 8.46. Unless otherwise provided by this rule or other law, rule 8.45 governs the form and transmission of and access to confidential records. (b)Records of Marsden hearings and other in-camera proceedings (1) This subdivision applies to reporter's transcripts of and documents filed or lodged by a defendant in
Rule 4.117 - Qualifications for appointed trial counsel in capital cases
Cal. R. 4.117 Cited 2 times
(a) Purpose This rule defines minimum qualifications for attorneys appointed to represent persons charged with capital offenses in the superior courts. These minimum qualifications are designed to promote adequate representation in death penalty cases and to avoid unnecessary delay and expense by assisting the trial court in appointing qualified counsel. Nothing in this rule is intended to be used as a standard by which to measure whether the defendant received effective assistance of counsel. (b)

PEOPLE v. RICES

355 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 “[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”

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"

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”

Holding mandatory life without parole sentences unconstitutional for all juvenile offenders

Holding that state court adjudication that “correctly identified the principles announced [by the Supreme Court] as those governing the analysis ... was [not] contrary to ... clearly established law”

Holding life without parole sentences unconstitutional for non-homicide juvenile offenders

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"

Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense

Requiring a "miscarriage of justice"

Requiring that a "criminal action is prosecuted in the name of the people of the State of California. . . ."

Requiring that all prosecutions shall be conducted in the name of and through the authority of the State of California

Prohibiting tattooing or body piercing "of a person who is under eighteen years of age without the physical presence of the parent or legal guardian . . ."

Tattooing a minor