§Why CasetextPricing

PEOPLE v. HERNANDEZ

Respondent's Opening Brief on the Merits

97 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,620 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"

  2. Bell v. Cone

    535 U.S. 685 (2002)   Cited 9,809 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”

  3. Batson v. Kentucky

    476 U.S. 79 (1986)   Cited 15,232 times   61 Legal Analyses
    Holding that the Equal Protection Clause applies to the use of peremptory strikes

  4. Roe v. Flores-Ortega

    528 U.S. 470 (2000)   Cited 5,720 times   18 Legal Analyses
    Holding in criminal habeas context that counsel's failure to file a timely appeal is presumptively prejudicial, with no need for a "further showing from the defendant of the merits of his underlying claims"

  5. Kyles v. Whitley

    514 U.S. 419 (1995)   Cited 7,253 times   36 Legal Analyses
    Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense

  6. Brady v. Maryland

    373 U.S. 83 (1963)   Cited 43,302 times   133 Legal Analyses
    Holding that the prosecution violates due process when it suppresses material, favorable evidence

  7. Lockhart v. Fretwell

    506 U.S. 364 (1993)   Cited 6,845 times   14 Legal Analyses
    Holding petitioner was not prejudiced by trial counsel's failure to object to sentencing enhancement

  8. Neder v. United States

    527 U.S. 1 (1999)   Cited 4,937 times   31 Legal Analyses
    Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

  9. United States v. Bagley

    473 U.S. 667 (1985)   Cited 9,423 times   34 Legal Analyses
    Holding that there was a Brady violation when federal prosecutors withheld evidence of inducements made to witnesses to encourage them to testify against the defendant

  10. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,463 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"

  11. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 337 times

    (a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer