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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.
Michigan, [2] the United States Supreme Court could not agree on the precise reasoning to uphold the sentence. But, with the decision in Ewing and the companion case Lockyer v. Andrade, [3] the Court effectively foreclosed criminal defendants from arguing that their non-capital sentences were disproportional to the crime they had committed.
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.
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 ...
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 Supreme Court declined Monday to take up an appeal from conservative states challenging California’s ability to establish strict vehicle emission rules that effectively set the standard for ...
Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174, 598 U.S. 771 (2023) was a decision of the Supreme Court of the United States related to federal labor law, concerning the power of employers to sue labor unions regarding destruction of employer property following a strike.
The California Supreme Court ruling curtails the ability of public employees in the state to seek help from the courts in labor disputes. Public employees cannot use labor law to sue employers ...
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