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BRIGGS v. BROWN

Amicus Curiae Brief of Habeas Corpus Resource Center

74 Cited authorities

  1. Miller-El v. Cockrell

    537 U.S. 322 (2003)   Cited 48,525 times   14 Legal Analyses
    Holding that the government's exclusion of 10 out of 14, or 91%, of Black prospective jurors—along with the state's unreliable justifications—showed purposeful discrimination

  2. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,831 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"

  3. Williams v. Taylor

    529 U.S. 362 (2000)   Cited 37,788 times   66 Legal Analyses
    Holding that counsel's performance was deficient when their investigation failed to uncover "extensive records" filled with mitigation evidence concerning the defendant's family history, education, mental health, and rehabilitation

  4. Cullen v. Pinholster

    563 U.S. 170 (2011)   Cited 14,368 times   12 Legal Analyses
    Holding that petitioner failed to show prejudice due to the extensive evidence that the prosecution presented

  5. Holland v. Florida

    560 U.S. 631 (2010)   Cited 14,076 times   11 Legal Analyses
    Holding that § 2254 does not preclude equitable tolling of a statute of limitations based on attorney misconduct in habeas proceedings

  6. Coleman v. Thompson

    501 U.S. 722 (1991)   Cited 26,252 times   49 Legal Analyses
    Holding in relevant part that federal habeas review of a procedurally defaulted claim is barred "unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law"

  7. Wiggins v. Smith

    539 U.S. 510 (2003)   Cited 9,483 times   45 Legal Analyses
    Holding that counsel's performance was deficient when they failed to expand their investigation into the defendant's life history "after having acquired only rudimentary knowledge of his history from a narrow set of sources," especially when those sources indicated the existence of helpful mitigation evidence

  8. Martinez v. Ryan

    566 U.S. 1 (2012)   Cited 4,078 times   3 Legal Analyses
    Holding ineffective assistance in initial-review collateral proceedings can constitute sufficient cause to excuse procedural default

  9. Montgomery v. Louisiana

    577 U.S. 190 (2016)   Cited 3,089 times   15 Legal Analyses
    Holding that Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407, which held as unconstitutional mandatory life imprisonment without parole for juvenile offenders, announced a new substantive rule of constitutional law that must be given retroactive effect

  10. Buck v. Davis

    137 S. Ct. 759 (2017)   Cited 2,664 times   2 Legal Analyses
    Holding that the process of resolving whether a petitioner is entitled to a COA should not devolve into a determination of the merits

  11. Section 452 - Matters permitting judicial notice

    Cal. Evid. Code § 452   Cited 7,924 times   1 Legal Analyses
    Permitting notice to be taken of the "[o]fficial acts of the . . . judicial departments . . . of any state of the United States"

  12. Section 237 - Release of names of qualified jurors drawn from qualified juror list to public

    Cal. Code Civ. Proc. § 237   Cited 443 times
    Providing for post-trial sealing of "personal juror identifying information"

  13. Section 1509 - Collateral attack on judgment of death

    Cal. Pen. Code § 1509   Cited 211 times
    Providing that "[a]n initial petition which is untimely ... shall be dismissed unless the court finds, by the preponderance of all available evidence, whether or not admissible at trial, that the defendant is actually innocent of the crime of which he or she was convicted or is ineligible for the sentence "

  14. Section 1054.9 - Reasonable access to discovery materials upon prosecution of postconviction writ of habeas corpus or motion to vacate judgment

    Cal. Pen. Code § 1054.9   Cited 141 times   1 Legal Analyses
    Allowing postconviction discovery in cases involving a criminal conviction of a serious felony or a violent felony resulting in a sentence of 15 years or more

  15. Section 1235 - Appeal on questions of law

    Cal. Pen. Code § 1235   Cited 83 times
    Stating appeals in a "felony case," as defined in § 691, are to the court of appeal

  16. Section 190.6 - Expeditious imposition of sentence in capital cases

    Cal. Pen. Code § 190.6   Cited 16 times

    (a) The Legislature finds that the sentence in all capital cases should be imposed expeditiously. (b) Therefore, in all cases in which a sentence of death has been imposed on or after January 1, 1997, the opening appellate brief in the appeal to the State Supreme Court shall be filed no later than seven months after the certification of the record for completeness under subdivision (d) of Section 190.8 or receipt by the appellant's counsel of the completed record, whichever is later, except for good

  17. Section 68662 - Appointment of counsel for prisoners subject to capital sentence for postconviction proceedings

    Cal. Gov. Code § 68662   Cited 16 times

    The superior court that imposed the sentence shall offer to appoint counsel to represent a state prisoner subject to a capital sentence for purposes of state postconviction proceedings, and shall enter an order containing one of the following: (a) The appointment of one or more counsel to represent the prisoner in proceedings pursuant to Section 1509 of the Penal Code upon a finding that the person is indigent and has accepted the offer to appoint counsel or is unable to competently decide whether

  18. Section 68502.5 - Trial court budget process

    Cal. Gov. Code § 68502.5   Cited 4 times

    (a) The Judicial Council may, as part of its trial court budget process, seek input from groups and individuals as it deems appropriate, including, but not limited to, advisory committees and the Administrative Director of the Courts. The trial court budget process may include, but is not limited to, the following: (1) The receipt of budget requests from the trial courts. (2) The review of the trial courts' budget requests and evaluate them against performance criteria established by the Judicial

  19. Section 3732 - Transferred

    42 U.S.C. § 3732   Cited 2 times

    42 U.S.C. § 3732 EDITORIAL NOTES CODIFICATIONSection 3732 was editorially reclassified as section 10132 of Title 34, Crime Control and Law Enforcement.

  20. Section 68665 - Adoption of competency standards for appointed counsel

    Cal. Gov. Code § 68665   Cited 2 times

    (a) The Judicial Council and the Supreme Court shall adopt, by rule of court, binding and mandatory competency standards for the appointment of counsel in death penalty direct appeals and habeas corpus proceedings, and they shall reevaluate the standards as needed to ensure that they meet the criteria in subdivision (b). (b) In establishing and reevaluating the standards, the Judicial Council and the Supreme Court shall consider the qualifications needed to achieve competent representation, the need

  21. Section 26.2 - Reserved

    28 C.F.R. § 26.2   Cited 5 times

    28 C.F.R. §26.2 85 FR 75854, 76979, 12/28/2020

  22. 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

  23. Rule 8.487 - Opposition and amicus curiae briefs

    Cal. R. 8.487   Cited 29 times

    (a) Preliminary opposition (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition. (2) A preliminary opposition must contain a memorandum and a statement of any material fact not included in the petition. (3) Within 10 days after a preliminary opposition is filed, the petitioner may serve and file a reply. (4) Without requesting preliminary opposition or waiting for a reply, the court may grant