Cunningham v. California

Holding that the "jury-trial guarantee proscribes a sentencing scheme that allows a judge to impose a sentence above the statutory maximum based on a fact, other than a prior conviction, not found by the jury or admitted by the defendant"

Atkins v. Virginia

Holding that it violates the Eighth Amendment to execute intellectually disabled defendants

Reves v. Ernst Young

Holding that the defendant "participates" if he "directs" the pattern of racketeering activity

People v. Sandoval

Holding that judicial discretion to impose a lower, middle, or upper term complied with Cunningham

People v. Black

Concluding that "the judicial factfinding that occurs when a judge exercises discretion to impose an upper term sentence or consecutive terms under California law does not implicate a defendant's Sixth Amendment right to a jury trial"

In re Estrada

Holding that a defendant "is entitled to the ameliorating benefits of the statutes as amended" if "the amendatory statute lessening punishment becomes effective prior to the date the judgment of conviction becomes final"

People v. Martinez

Holding that retroactive application of the revised kidnapping instruction was barred by the federal Due Process Clause

Lungren v. Deukmejian

Stating that the "plain meaning" rule "does not prohibit a court from determining whether the literal meaning of a statute comports with its purpose"; "[l]iteral construction should not prevail if it is contrary to the legislative intent apparent in the statute" – i.e. , "[t]he intent prevails over the letter, and the letter will, if possible, be so read as to conform to the spirit of the act"

In re Lance W

Finding that the Right to Truth-in-Evidence provision abrogated § 1538.5, subd.

People v. Escobar

Finding GBI where a rape victim suffered bloody knees, vaginal soreness, abrasions, and a painful neck

Rule 8.500 - Petition for review