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The People of the State of California v. Superior Court (Romero), 13 CAL. 4TH 497, 917 P.2D 628 (Cal. 1996), was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.
Defendant convicted in Los Angeles County Superior Court; conviction affirmed by California Court of Appeal; California Supreme Court declined review, and the U.S. Supreme Court granted certiorari, 535 U.S. 969 (2002). Holding; California's three strikes law does not violate the Eighth Amendment prohibition against cruel and unusual punishment.
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
The suit filed in 2nd Judicial District Court on Friday alleges teacher Loviata Mitchell — and Albuquerque Public Schools — violated the sophomore's constitutional rights.
The litigation, filed directly in the California Supreme Court in an unusual move, comes as advocates have grown increasingly frustrated by the documented inability of many courts to find and hire ...
In May 2016, lawyers for the school students asked the California Supreme Court to reconsider the Court of Appeal reversal and reinstate the trial court's ruling in their favor. [6] On August 22, 2016 the State's highest court declined to review the case in a 4-3 decision, [ 7 ] [ 8 ] thus permitting the Court of Appeal decision upholding the ...
The California Supreme Court ruling curtails the ability of public employees in the state to seek help from the courts in labor disputes.
Lockyer v. Andrade, 538 U.S. 63 (2003), [1] decided the same day as Ewing v. California (a case with a similar subject matter), [2] held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments.