§Why CasetextPricing

PEOPLE v. TRAN

Appellant’s Petition for Review

87 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,593 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. McDonald v. City of Chicago

    561 U.S. 742 (2010)   Cited 2,249 times   21 Legal Analyses
    Holding that the Second Amendment applies to the states, through incorporation under the Fourteenth Amendment

  3. Indiana v. Edwards

    554 U.S. 164 (2008)   Cited 1,134 times   7 Legal Analyses
    Holding that the court did not violate the Sixth Amendment by appointing counsel against defendant's objection where defendant was competent to stand trial but not competent to conduct trial proceedings by himself

  4. Addington v. Texas

    441 U.S. 418 (1979)   Cited 2,623 times   5 Legal Analyses
    Holding that "the individual's interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by proof more substantial than a mere preponderance of the evidence"

  5. Foucha v. Louisiana

    504 U.S. 71 (1992)   Cited 1,262 times   13 Legal Analyses
    Holding broadly that insanity acquittees may not be detained unless the government can show they are dangerous by clear and convincing evidence

  6. People v. Watson

    46 Cal.2d 818 (Cal. 1956)   Cited 13,674 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. Koontz

    27 Cal.4th 1041 (Cal. 2002)   Cited 1,234 times
    Finding manner of killing to support premeditation and deliberation where defendant shot at a vital area (i.e., the abdomen) of the victim's body at close range and then prevented witness from calling an ambulance for victim

  8. Denham v. Superior Court

    2 Cal.3d 557 (Cal. 1970)   Cited 4,208 times   1 Legal Analyses
    Affirming the well settled principle that on appeal, "[a]ll intendments and presumptions are indulged to support [the judgment] on matters as to which the record is silent, and error must be affirmatively shown"

  9. People v. Giordano

    42 Cal.4th 644 (Cal. 2007)   Cited 890 times   1 Legal Analyses
    Holding that a surviving spouse may receive lost economic support as restitution despite the fact that such recovery is not specifically enumerated

  10. People v. Gray

    37 Cal.4th 168 (Cal. 2005)   Cited 885 times   1 Legal Analyses
    Approving 338-day hiatus between guilt and penalty phases of trial while defendant appealed guilty verdict; hiatus occurred at a natural breaking point

  11. Section 6

    Cal. Const. art. VI § 6   Cited 23,381 times
    Describing the duties of the Judicial Council

  12. Section 13

    Cal. Const. art. VI § 13   Cited 4,508 times
    Requiring a "miscarriage of justice"

  13. Section 16

    Cal. Const. art. I § 16   Cited 1,774 times   2 Legal Analyses
    Stating that the right to a "trial by jury is an inviolate right"

  14. Section 1

    Cal. Const. art. VI § 1   Cited 233 times

    The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record. Cal. Const. art. VI § 1