30 Cited authorities

  1. Apprendi v. New Jersey

    530 U.S. 466 (2000)   Cited 26,644 times   100 Legal Analyses
    Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
  2. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,411 times   82 Legal Analyses
    Holding that the Sixth Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"
  3. Descamps v. United States

    570 U.S. 254 (2013)   Cited 4,961 times   23 Legal Analyses
    Holding that courts "may look only to the statutory definitions—i.e ., the elements—of a defendant’s prior offenses"
  4. Shepard v. U.S.

    544 U.S. 13 (2005)   Cited 4,224 times   24 Legal Analyses
    Holding that when conducting certain inquires related to prior convictions courts are limited to certain judicial record evidence-charging instruments, terms of a plea agreement, or "transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant, or to some comparable judicial record"
  5. Ohio v. Roberts

    448 U.S. 56 (1980)   Cited 4,631 times   16 Legal Analyses
    Holding that the question of good-faith effort is a question of reasonableness, and a prosecutor is not required to do a futile act
  6. Giles v. California

    554 U.S. 353 (2008)   Cited 815 times   13 Legal Analyses
    Holding that exception applies "only when the defendant engaged in conduct designed to prevent the witness from testifying"
  7. People v. Brown

    31 Cal.4th 518 (Cal. 2003)   Cited 1,265 times
    Finding accomplice's hearsay statement properly admitted as declaration against interest; therefore corroboration was not required and court need not instruct that statement had to be viewed with caution
  8. Auto Equity Sales, Inc. v. Superior Court

    57 Cal.2d 450 (Cal. 1962)   Cited 5,915 times   8 Legal Analyses
    Explaining the "rule requiring a court exercising inferior jurisdiction to follow the decisions of a court exercising a higher jurisdiction"
  9. People v. Zapien

    4 Cal.4th 929 (Cal. 1993)   Cited 1,405 times
    Holding the trial court " ' "ruling or decision, itself correct in law, will not be disturbed on appeal merely because given for a wrong reason" ' "
  10. People v. Friend

    47 Cal.4th 1 (Cal. 2009)   Cited 620 times   1 Legal Analyses
    Finding no prejudice from brief reference to prior jail time
  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,525 times   186 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)
  12. Rule 8.1115 - Citation of opinions

    Cal. R. 8.1115   Cited 73,839 times

    (a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. (b)Exceptions An unpublished opinion may be cited or relied on: (1) When the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or (2) When the opinion is relevant to a criminal or disciplinary

  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