§Why CasetextPricing

PEOPLE v. BURGENER (MICHAEL RAY)

Appellant’s Opening Brief

75 Cited authorities

  1. Penson v. Ohio

    488 U.S. 75 (1988)   Cited 9,844 times   2 Legal Analyses
    Holding that "the presumption of prejudice must extend as well to the denial of counsel on appeal" when the granting of an attorney's motion to withdraw had left the petitioner "entirely without the assistance of counsel on appeal"

  2. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,483 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"

  3. Faretta v. California

    422 U.S. 806 (1975)   Cited 12,552 times   23 Legal Analyses
    Holding that a defendant's right to self-representation was denied when he made his requests "weeks before trial" without any indication that the defendant was required to reassert his request during the trial

  4. United States v. Cronic

    466 U.S. 648 (1984)   Cited 7,368 times   30 Legal Analyses
    Holding defendant is constructively denied counsel during critical stage of criminal proceedings where counsel, inter alia, "fails to subject the prosecution's case to meaningful adversarial testing"

  5. Gregg v. Georgia

    428 U.S. 153 (1976)   Cited 6,624 times   31 Legal Analyses
    Holding that "accurate sentencing information is an indispensable prerequisite to a reasoned determination of whether a defendant shall live or die"

  6. Godinez v. Moran

    509 U.S. 389 (1993)   Cited 2,284 times   12 Legal Analyses
    Holding that the trial competency standard applies to guilty pleas

  7. Pulley v. Harris

    465 U.S. 37 (1984)   Cited 3,444 times   3 Legal Analyses
    Holding that the petitioner was not constitutionally entitled to a proportionality review that would "compare Harris's sentence with the sentences imposed in similar capital cases"

  8. Gideon v. Wainwright

    372 U.S. 335 (1963)   Cited 8,392 times   22 Legal Analyses
    Holding that the Sixth Amendment requires counsel in all state felony prosecutions

  9. McKaskle v. Wiggins

    465 U.S. 168 (1984)   Cited 2,459 times   9 Legal Analyses
    Holding that pro se defendant's right to self-representation was not violated by the presence of a court-appointed standby counsel

  10. Furman v. Georgia

    408 U.S. 238 (1972)   Cited 3,612 times   27 Legal Analyses
    Holding that death penalty cannot be imposed using sentencing procedures that create a risk of arbitrary and discriminatory enforcement

  11. Rule 8.630 - Briefs by parties and amicus curiae

    Cal. R. 8.630   Cited 16 times

    (a)Contents and form Except as provided in this rule, briefs in appeals from judgments of death must comply as nearly as possible with rules 8.200 and 8.204. (Subd (a) amended effective January 1, 2007.) (b) Length (1) A brief produced on a computer must not exceed the following limits, including footnotes: (A) Appellant's opening brief: 102,000 words. (B) Respondent's brief: 102,000 words. If the Chief Justice permits the appellant to file an opening brief that exceeds the limit set in (1)(A) or