48 Cited authorities

  1. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,494 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"
  2. Sullivan v. Louisiana

    508 U.S. 275 (1993)   Cited 3,283 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’ "
  3. Hollingsworth v. Perry

    570 U.S. 693 (2013)   Cited 947 times   16 Legal Analyses
    Holding that proponents of a ballot initiative who "ha[d] no role ... in the enforcement of " the initiative and were not "agents of the State" lacked standing to defend it on appeal
  4. Duncan v. Louisiana

    391 U.S. 145 (1968)   Cited 3,005 times   7 Legal Analyses
    Holding that trial by jury is a fundamental right
  5. Dusky v. United States

    362 U.S. 402 (1960)   Cited 3,985 times   7 Legal Analyses
    Holding that the standard for competence to stand trial is whether the defendant has "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and has "a rational as well as factual understanding of the proceedings against him."
  6. People v. Watson

    46 Cal.2d 818 (Cal. 1956)   Cited 13,697 times
    Holding that certain trial errors are harmless unless there is a reasonable probability that a different result would have occurred absent the error
  7. People v. Flood

    18 Cal.4th 470 (Cal. 1998)   Cited 1,060 times
    Concluding that harmless error analysis rather than automatic reversal is required where jury instruction removed an element from jury consideration because, among other things, the element was established by "overwhelming and uncontradicted evidence"
  8. People v. Howard

    1 Cal.4th 1132 (Cal. 1992)   Cited 975 times   1 Legal Analyses
    Holding that the defendant failed to show systematic exclusion to establish a prima facie violation of the fair cross-section requirement under Duren v. Missouri, 439 U.S. 357, 358–367, 99 S.Ct. 664, 58 L.Ed.2d 579
  9. People v. Mosby

    33 Cal.4th 353 (Cal. 2004)   Cited 546 times
    Holding that totality of the circumstances showed defendant's prior conviction admission was voluntarily and intelligently despite absence of full advisements where, among other things, defendant previously had pleaded guilty
  10. In re Tahl

    1 Cal.3d 122 (Cal. 1969)   Cited 1,573 times
    In People v. Tahl (1969) 1 Cal.3d 122 (Tahl), the California Supreme Court interpreted Boykin v. Alabama as requiring that "each of the three rights mentioned-self-incrimination, confrontation, and jury trial-must be specifically and expressly enumerated for the benefit of and waived by the accused prior to acceptance of his guilty plea."
  11. Section 664 - Punishment for attempt to commit crime

    Cal. Pen. Code § 664   Cited 12,481 times
    Requiring intent to kill for attempted murder
  12. Section 1368 - Doubt about mental competence of defendant during pendency of action

    Cal. Pen. Code § 1368   Cited 1,900 times
    Requiring a court to appoint an attorney for a defendant in a criminal case if a doubt arises in the mind of the judge as to the defendant's mental competence
  13. Section 1026.5 - Maximum term of commitment

    Cal. Pen. Code § 1026.5   Cited 577 times
    Providing “maximum term of commitment” to state hospital for defendant who has been found guilty by reason of insanity is “the longest term of imprisonment which could have been imposed for the offense or offenses of which the person was convicted”
  14. Section 2972 - Hearing on petition for continued treatment

    Cal. Pen. Code § 2972   Cited 441 times
    Declaring “affirmative obligation on the treatment facility to provide treatment”
  15. Section 2970 - Written evaluation; petition for continued involuntary treatment

    Cal. Pen. Code § 2970   Cited 379 times
    Requiring a letter 180 days prior to the termination of parole or good cause for reduction of the 180-day period
  16. Section 2966 - Hearing

    Cal. Pen. Code § 2966   Cited 256 times
    Providing that "trial shall be by jury unless waived by both the person and the district attorney"
  17. Section 631 - Unlawful tapping

    Cal. Pen. Code § 631   Cited 217 times   12 Legal Analyses
    Prohibiting "any person who . . . makes any unauthorized connection . . . or who willfully and without the consent of all parties to the communication . . . reads, or attempts to read, or to learn the contents or meaning of any message is in transit or passing over any wire, line, or cable . . . "
  18. Section 16 - Crimes and public offenses

    Cal. Pen. Code § 16   Cited 172 times
    Noting that a houseboat cabin is a building for the purpose of a burglary statute
  19. Section 988 - Arraignment

    Cal. Pen. Code § 988   Cited 47 times

    The arraignment must be made by the court, or by the clerk or prosecuting attorney under its direction, and consists in reading the accusatory pleading to the defendant and delivering to the defendant a true copy thereof, and of the endorsements thereon, if any, including the list of witnesses, and asking the defendant whether the defendant pleads guilty or not guilty to the accusatory pleading; provided, that where the accusatory pleading is a complaint charging a misdemeanor, a copy of the same

  20. Section 372 - Maintaining or committing public nuisance

    Cal. Pen. Code § 372   Cited 45 times
    Relating to failure to remove a public nuisance