Lockyer v. Andrade

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Lockyer v. Andrade
Supreme Court of the United States
Argued November 5, 2002
Decided March 5, 2003
Full case name: Bill Lockyer, Attorney General of California, v. Leandro Andrade
Citations: 538 U.S. 63
Prior history: Defendant convicted, Los Angeles County Superior Court; conviction affirmed, California Court of Appeal. Then defendant filed a petition for a writ of habeas corpus in the U.S. district court for the Central District of California. The petition was denied, but the denial was reversed by the Ninth Circuit Court of Appeals. The Supreme Court granted certiorari.
Holding
California's three strikes law does not violate the Eighth Amendment.
Court membership
Chief Justice: William Rehnquist
Associate Justices: John Paul Stevens, Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer
Case opinions
Majority by: O'Connor
Joined by: Rehnquist, Scalia, Kennedy, Thomas
Dissent by: Souter
Joined by: Stevens, Breyer, Ginsburg
Laws applied
U.S. Const. amend. VIII;28 U.S.C. § 2254(d)(1); Cal. Penal Code § 667

Leandro Andrade was convicted of two counts of petty theft and given two sentences of 25-years-to-life in prison, due to California's 3-strike law and two previous convictions also for petty theft. [1]

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