545 U.S. 162 (2005) Cited 1,391 times 5 Legal Analyses
Holding that the People v. Wheeler, 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748 and Batson standards are different, and that the less demanding Batson standard controls
In Nesler, the California Supreme Court applied Supreme Court and Ninth Circuit precedent to determine whether a defendant was prejudiced by the jury's receipt of extraneous information.
Noting that California Constitution "grants original subject matter jurisdiction over habeas corpus proceedings to the superior court, the Court of Appeal, and [the Supreme Court]"
In Mattson, we did not conclude the instruction was given in error but commented that under such circumstances, "the probative value of, and inference of consciousness of, guilt from the initial denial was tenuous."
Holding that the "police cannot justify an otherwise unlawful search of a residence because, unbeknownst to the police, a resident of the dwelling was on parole and subject to a search condition"