§Why CasetextPricing

IN RE B.M.

Appellant’s Petition for Review

39 Cited authorities

  1. Yarborough v. Alvarado

    541 U.S. 652 (2004)   Cited 7,978 times   7 Legal Analyses
    Holding that habeas relief from a state court judgment is appropriate only when "the necessity to apply [an] earlier rule [set forth by the Supreme Court is] beyond doubt"

  2. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,244 times   64 Legal Analyses
    Holding that statements obtained by custodial interrogation of a criminal defendant without warning of constitutional rights are inadmissible under the Fifth Amendment

  3. Neder v. United States

    527 U.S. 1 (1999)   Cited 4,937 times   31 Legal Analyses
    Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

  4. Chapman v. California

    386 U.S. 18 (1967)   Cited 23,463 times   28 Legal Analyses
    Holding that error is harmless only if "harmless beyond a reasonable doubt"

  5. Arizona v. Fulminante

    499 U.S. 279 (1991)   Cited 5,281 times   20 Legal Analyses
    Holding that involuntary confessions are subject to harmless-error review

  6. Florida v. Bostick

    501 U.S. 429 (1991)   Cited 4,588 times   16 Legal Analyses
    Holding that police officers' search of a bus passenger's luggage can be based on consent

  7. California v. Hodari D

    499 U.S. 621 (1991)   Cited 3,610 times   16 Legal Analyses
    Holding that evidence abandoned during flight was not fruit of the poisonous tree because defendant was not seized until after brief foot chase

  8. Dickerson v. United States

    530 U.S. 428 (2000)   Cited 2,284 times   18 Legal Analyses
    Holding that “the protections announced in Miranda ” are “constitutionally required”

  9. J.D.B. v. North Carolina

    564 U.S. 261 (2011)   Cited 922 times   11 Legal Analyses
    Holding that a thirteen-year-old’s age would have affected how a reasonable person in the suspect’s position would perceive his or her freedom to leave for purposes of Miranda ’s custody determination

  10. United States v. Gaudin

    515 U.S. 506 (1995)   Cited 1,657 times   15 Legal Analyses
    Holding that a jury must decide whether a false statement under § 1001 is "material"

  11. Section 245 - Assault with deadly weapon or instrument other than firearm; assault with firearm; assault with machinegun; assault by means of force likely to produce great bodily injury; assault with semiautomatic firearm

    Cal. Pen. Code § 245   Cited 18,497 times   4 Legal Analyses
    Prohibiting an assault by "any means of force likely to produce great bodily injury"

  12. Section 602 - Minors within jurisdiction of court and may be adjudged ward of court

    Cal. Welf. and Inst. Code § 602   Cited 7,021 times
    Providing for prosecution in adult court of persons over the age of 14 years when enumerated offenses are charged

  13. Section 15

    Cal. Const. art. I § 15   Cited 3,311 times
    Affording “the right ... to compel attendance of witnesses in the defendant's behalf”

  14. 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