56 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,426 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. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,493 times   16 Legal Analyses
    Holding that courts conducting review of the sufficiency of the evidence to support a criminal conviction should view the "evidence in the light most favorable to the prosecution"
  3. Estelle v. McGuire

    502 U.S. 62 (1991)   Cited 19,932 times   9 Legal Analyses
    Holding that a federal habeas court may not reexamine state court determinations of state law questions
  4. Woodford v. Visciotti

    537 U.S. 19 (2002)   Cited 5,980 times   6 Legal Analyses
    Holding that a state court decision rejecting a Strickland claim was not unreasonable, where the aggravating circumstances of an execution-style murder coupled with another attempted execution style-murder and prior stabbing offenses were "so severe" and "overwhelming"
  5. Kyles v. Whitley

    514 U.S. 419 (1995)   Cited 7,247 times   36 Legal Analyses
    Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense
  6. Lockhart v. Fretwell

    506 U.S. 364 (1993)   Cited 6,839 times   14 Legal Analyses
    Holding petitioner was not prejudiced by trial counsel's failure to object to sentencing enhancement
  7. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,450 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"
  8. In re Winship

    397 U.S. 358 (1970)   Cited 11,626 times   24 Legal Analyses
    Holding that the government must prove every element of a crime beyond a reasonable doubt
  9. Sullivan v. Louisiana

    508 U.S. 275 (1993)   Cited 3,276 times   14 Legal Analyses
    Holding that a constitutionally deficient reasonable doubt instruction constitutes structural error as the deprivation of the right to trial by jury has "necessarily unquantifiable and indeterminate" consequences and "unquestionably qualifies as ‘structural error’ "
  10. People v. Albillar

    51 Cal.4th 47 (Cal. 2010)   Cited 1,665 times
    Holding that "if substantial evidence establishes that the defendant intended to and did commit the charged felony with known members of a gang, the jury may fairly infer that the defendant had the specific intent to promote, further, or assist criminal conduct by those gang members"
  11. Rule 8.1110 - Partial publication

    Cal. R. 8.1110   Cited 2,324 times

    (a)Order for partial publication A majority of the rendering court may certify for publication any part of an opinion meeting a standard for publication under rule 8.1105. (Subd (a) amended effective January 1, 2007.) (b) Opinion contents The published part of the opinion must specify the part or parts not certified for publication. All material, factual and legal, including the disposition, that aids in the application or interpretation of the published part must be published. (c) Construction For

  12. Rule 8.1105 - Publication of appellate opinions

    Cal. R. 8.1105   Cited 2,085 times

    (a)Supreme Court All opinions of the Supreme Court are published in the Official Reports. (b)Courts of Appeal and appellate divisions Except as provided in (e), an opinion of a Court of Appeal or a superior court appellate division is published in the Official Reports if a majority of the rendering court certifies the opinion for publication before the decision is final in that court. (Subd (b) amended effective July 23, 2008; adopted effective April 1, 2007.) (c)Standards for certification An opinion

  13. 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

  14. Rule 8.508 - Petition for review to exhaust state remedies

    Cal. R. 8.508   Cited 7 times

    (a) Purpose After decision by the Court of Appeal in a criminal case, a defendant may file an abbreviated petition for review in the Supreme Court for the sole purpose of exhausting state remedies before presenting a claim for federal habeas corpus relief. (b)Form and contents (1) The words "Petition for Review to Exhaust State Remedies" must appear prominently on the cover of the petition. (2) Except as provided in (3), the petition must comply with rule 8.504. (3) The petition need not comply with