27 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 159,597 times   179 Legal Analyses
    Holding that to establish ineffective assistance prejudice a petitioner "must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different," and " reasonable probability is a probability sufficient to undermine confidence in the outcome"
  2. Strickler v. Greene

    527 U.S. 263 (1999)   Cited 6,416 times   20 Legal Analyses
    Holding that a newspaper article detailing that a witness had been interviewed by the police did not suffice to put a defendant's lawyer on notice that records and evidence concerning the witness existed and had been suppressed
  3. Kyles v. Whitley

    514 U.S. 419 (1995)   Cited 7,299 times   36 Legal Analyses
    Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense
  4. Brady v. Maryland

    373 U.S. 83 (1963)   Cited 43,843 times   133 Legal Analyses
    Holding that the prosecution violates due process when it suppresses material, favorable evidence
  5. Neder v. United States

    527 U.S. 1 (1999)   Cited 4,973 times   31 Legal Analyses
    Holding that the failure to submit an uncontested element of an offense to a jury may be harmless
  6. United States v. Bagley

    473 U.S. 667 (1985)   Cited 9,471 times   34 Legal Analyses
    Holding that there was a Brady violation when federal prosecutors withheld evidence of inducements made to witnesses to encourage them to testify against the defendant
  7. Giglio v. United States

    405 U.S. 150 (1972)   Cited 12,337 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. Salerno

    505 U.S. 317 (1992)   Cited 184 times   1 Legal Analyses
    Holding that former testimony may not be introduced under Rule 804(b) without a showing of “similar motive”
  9. U.S. v. Payne

    63 F.3d 1200 (2d Cir. 1995)   Cited 328 times   2 Legal Analyses
    Holding that failure to disclose affidavit that was available in a public court records was suppressed within the meaning of Brady because there was "no indication that Payne's counsel was aware of facts that would have required him to discover the affidavit through his own diligent investigation"
  10. U.S. v. Chapman

    524 F.3d 1073 (9th Cir. 2008)   Cited 143 times
    Holding that the district court did not abuse its discretion in dismissing an indictment with prejudice where the prosecutor showed “reckless disregard for the prosecution's constitutional obligations”
  11. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 22,687 times   81 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
  12. Rule 804 - Exceptions to the Rule Against Hearsay-When the Declarant Is Unavailable as a Witness

    Fed. R. Evid. 804   Cited 3,973 times   32 Legal Analyses
    Recognizing an exception to the hearsay exclusionary rule when the party against whom the statement is offered has engaged in wrongdoing which procures the unavailability of the declarant
  13. Section 1031 - Exchange of real property held for productive use or investment

    26 U.S.C. § 1031   Cited 731 times   78 Legal Analyses
    Providing for the nonrecognition of gain from exchanges of investment property for other investment property of like kind
  14. Rule 17 - Parties Plaintiff and Defendant: Capacity

    Mass. R. Civ. P. 17   Cited 87 times

    (a) Real Party in Interest. Except for any action brought under General Laws, chapter 152, section 15, every action shall be prosecuted in the name of the real party in interest. A personal representative, guardian, conservator, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name without joining with him the party for whose benefit the action is brought; and when a statute