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Ewing v. California

Docket No.: 01-6978
Certiorari Granted: Apr 1 2002
Argued: November 5, 2002
Decided: March 5, 2003

Topics:

Amendment 8: Cruel and Unusual Punishment, Criminal Procedure, Cruel and Unusual Punishment, Cruel and Unusual Punishments Clause, Due Process, Eighth Amendment, Fourteenth Amendment, Sentencing Guidelines, Sixth Amendment, abuse of discretion, habeas, habeas corpus, harmless error, murder, stare decisis

PartyNames: Gary Albert Ewing v. California
Petitioner: Gary Albert Ewing
Respondent: California

Court Below: Court of Appeal of California, Second Appellate District
Citation: California Court of Appeals, No. B143745, 4/25/01 unpublished. QUESTION PRESENTED DOES PETITIONER'S TWENTY-FIVE YEAR TO LIFE PRISON SENTENCE VIOLATEFEDERAL CONSTITUTIONAL PROVIS IONS AGAINST CRUEL AND UNSUAL PUNISHMENT BECAUSE HIS SENTENCE IS GROSSLY DISPROPORTIONATE TO THEOFFENSE OF "STEALING GOLF CLUBS"?
Supreme Court Docket

Gary Albert Ewing
v.
California
538 U.S. 11 (2003)
Question:

Did Ewing's sentence of 25 years to life, in accordance with California's three strikes law, violate the Eighth Amendment protection against cruel and unusual punishment?

Ewing v. California
ORAL ARGUMENT

November 5, 2002

Holding: affirmed
Decision: Decision: 5 votes for California, 4 vote(s) against
Opinion By:

Ewing v. California
Case Documents

1Opinion in Ewing v. California
2Opinion in Ewing v. California
Additional documents for this case are pending review.