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BRIGGS v. BROWN

Petitioners, Ron Briggs and John Van de Kamp, Request for Judicial Notice

132 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,279 times   225 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  2. Batson v. Kentucky

    476 U.S. 79 (1986)   Cited 15,241 times   61 Legal Analyses
    Holding that the Equal Protection Clause applies to the use of peremptory strikes

  3. Kyles v. Whitley

    514 U.S. 419 (1995)   Cited 7,261 times   36 Legal Analyses
    Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense

  4. Rose v. Lundy

    455 U.S. 509 (1982)   Cited 13,265 times   9 Legal Analyses
    Holding that district courts ordinarily must dismiss a § 2254 petition without prejudice if the petitioner has not exhausted his state postconviction remedies

  5. Brady v. Maryland

    373 U.S. 83 (1963)   Cited 43,413 times   133 Legal Analyses
    Holding that the prosecution violates due process when it suppresses material, favorable evidence

  6. Imbler v. Pachtman

    424 U.S. 409 (1976)   Cited 10,596 times   5 Legal Analyses
    Holding prosecutors absolutely immune from damages liability for having knowingly presented perjured witness testimony against criminal defendants, observing that the "veracity of witnesses in criminal cases frequently is subject to doubt before and after they testify . . . . If prosecutors were hampered in exercising their judgment as to the use of such witnesses by concern about resulting personal liability, [they often would refrain from calling such witnesses and hence] the triers of fact in criminal cases often would be denied relevant evidence"

  7. Giglio v. United States

    405 U.S. 150 (1972)   Cited 12,197 times   29 Legal Analyses
    Holding that prosecution must disclose all information or material that may be used to impeach the credibility of prosecution witnesses where witness's credibility is "an important issue in the case"

  8. United States v. Agurs

    427 U.S. 97 (1976)   Cited 7,515 times   18 Legal Analyses
    Holding that materiality "must be evaluated in the context of the entire record"

  9. Pulley v. Harris

    465 U.S. 37 (1984)   Cited 3,444 times   3 Legal Analyses
    Holding that the petitioner was not constitutionally entitled to a proportionality review that would "compare Harris's sentence with the sentences imposed in similar capital cases"

  10. Gideon v. Wainwright

    372 U.S. 335 (1963)   Cited 8,393 times   22 Legal Analyses
    Holding that the Sixth Amendment requires counsel in all state felony prosecutions

  11. Section 2254 - State custody; remedies in Federal courts

    28 U.S.C. § 2254   Cited 204,450 times   341 Legal Analyses
    Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"

  12. Section 1239 - Appeal in manner provided in rules; automatic appeal of judgment of death

    Cal. Pen. Code § 1239   Cited 1,046 times

    (a) Where an appeal lies on behalf of the defendant or the people, it may be taken by the defendant or his or her counsel, or by counsel for the people, in the manner provided in rules adopted by the Judicial Council. (b) When upon any plea a judgment of death is rendered, an appeal is automatically taken by the defendant without any action by him or her or his or her counsel. The defendant's trial counsel, whether retained by the defendant or court appointed, shall continue to represent the defendant

  13. Section 6068 - Duties of attorney

    Cal. Bus. & Prof. Code § 6068   Cited 913 times   12 Legal Analyses
    Requiring attorney "[t]o maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client"

  14. Section 3599 - Counsel for financially unable defendants

    18 U.S.C. § 3599   Cited 803 times   18 Legal Analyses
    Granting right to counsel in capital habeas cases

  15. Section 872 - Finding of probable cause

    Cal. Pen. Code § 872   Cited 623 times
    Limiting application of the hearsay rule at preliminary hearings after Proposition 115

  16. Section 340.6 - Attorney's wrongful act or omission in performance of professional services

    Cal. Code Civ. Proc. § 340.6   Cited 593 times   1 Legal Analyses
    Holding that limitations period on plaintiff's legal malpractice action did not begin until plaintiff had suffered "appreciable harm" and "mere breach of . . . duty, causing only nominal damages, speculative harm, or the threat of future harm— not yet realized—does not suffice to create a cause of action for negligence"

  17. Section 14

    Cal. Const. art. VI § 14   Cited 481 times
    Requiring decisions that determine causes to be "in writing with reasons stated"

  18. Section 10

    Cal. Const. art. VI § 10   Cited 404 times
    Granting original jurisdiction to courts in habeas matters

  19. Section 6086.7 - Notification of State Bar by court

    Cal. Bus. & Prof. Code § 6086.7   Cited 310 times
    Requiring such notification whenever a modification or reversal of a judgment is based on attorney misconduct

  20. Section 1405 - Motion for performance of forensic DNA testing

    Cal. Pen. Code § 1405   Cited 150 times   1 Legal Analyses
    Authorizing DNA testing for an imprisoned felon if and only if the "evidence to be tested has been subject to a chain of custody sufficient to establish it has not been substituted, tampered with, replaced or altered in any material aspect."

  21. Rule 8.252 - Judicial notice; findings and evidence on appeal

    Cal. R. 8.252   Cited 594 times

    (a)Judicial notice (1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order. (2) The motion must state: (A) Why the matter to be noticed is relevant to the appeal; (B) Whether the matter to be noticed was presented to the trial court and, if so, whether judicial notice was taken by that court; (C) If judicial notice of the matter was not taken by the trial court, why the matter is subject to judicial notice

  22. Rule 8.54 - Motions

    Cal. R. 8.54   Cited 170 times

    (a)Motion and opposition (1) Except as these rules provide otherwise, a party wanting to make a motion in a reviewing court must serve and file a written motion stating the grounds and the relief requested and identifying any documents on which the motion is based. (2) A motion must be accompanied by a memorandum and, if it is based on matters outside the record, by declarations or other supporting evidence. (3) Any opposition must be served and filed within 15 days after the motion is filed. (Subd

  23. Rule 4.117 - Qualifications for appointed trial counsel in capital cases

    Cal. R. 4.117   Cited 2 times

    (a) Purpose This rule defines minimum qualifications for attorneys appointed to represent persons charged with capital offenses in the superior courts. These minimum qualifications are designed to promote adequate representation in death penalty cases and to avoid unnecessary delay and expense by assisting the trial court in appointing qualified counsel. Nothing in this rule is intended to be used as a standard by which to measure whether the defendant received effective assistance of counsel. (b)