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Lockyer v. Andrade

Docket No.: 01-1127
Certiorari Granted: Apr 1 2002
Argued: November 5, 2002
Decided: March 5, 2003


28 USC 2241-2255 (habeas corpus), Criminal Procedure, Habeas Corpus, Death Penalty, Eighth Amendment, Federal Sentencing Guidelines, Sentencing Guidelines, abuse of discretion, habeas, habeas corpus, murder

PartyNames: Bill Lockyer, Attorney General of California v. Leandro Andrade
Petitioner: Bill Lockyer, Attorney General of California
Respondent: Leandro Andrade

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 270 F.3d 743. QUESTIONS PRESENTED 1. Whether California's three-strikes law, providing for a twenty-five year-to-lifeprison term for a third strike conviction, violates the Eighth Amendment's prohibition against cruel and unusual puni shment when applied to a defendantwhose third strike conviction is for petty theft with a prior theft-related conviction? 2. Whether, in light of this Court's existing jurisprudence concerning the Eighth Amendment and proportionality in noncapit al cases, the judgment of the California Court of Appeal, holding Andrade's consec utive twenty-five years to life sentencesfor convictions on two counts of petty theft with a prior, involved an unreasonable
Lower Court Decision
Supreme Court Docket

Bill Lockyer, Attorney General of California
Leandro Andrade
538 U.S. 63 (2003)

Did the Federal Court of Appeals err in holding that California Court of Appeal's affirmation of a sentence of two consecutive terms of 25 years to life in prison for a "third strike" conviction was "grossly disproportionate" to the crime and thus violated the Eighth Amendment's prohibition on "cruel and unusual punishment"?

Lockyer v. Andrade

November 5, 2002

Holding: reversed
Decision: Decision: 5 votes for Lockyer, 4 vote(s) against

Lockyer v. Andrade
Case Documents

1Opinion in Lockyer v. Andrade
2Opinion in Lockyer v. Andrade
Additional documents for this case are pending review.