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Lockyer v. Andrade
''Lockyer v. Andrade'', , decided the same day as ''Ewing v. California'', 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. Relying on the reasoning of ''Ewing'' and ''Harmelin v. Michigan'', , the Court ruled that because no "clearly established" law held that a three-strikes sentence was cruel and unusual punishment, the 50-years-to-life sentence imposed in this case was not cruel and unusual punishment.
==Facts==
On November 4, 1995, Leandro Andrade stole five children's videotapes from a K-Mart store in Ontario, California. Two weeks later, he stole four children's videotapes from a different K-Mart store in Montclair, California. Andrade had been in and out of the state and federal prison systems since 1982. By the time of these two crimes in 1995, he had been convicted of petty theft, residential burglary, transportation of marijuana, and escape from prison. As a result of these prior convictions, the prosecution charged Andrade with two counts of petty theft with a prior conviction, which under California law can either be a felony or a misdemeanor. Under California's three strikes law, any felony can serve as the third "strike" and thereby expose the defendant to a mandatory sentence of 25 years to life in prison.
The trial court denied Andrade's request to classify the two petty theft charges as misdemeanors, and Andrade was ultimately convicted of the two felony theft charges. As a result of his prior convictions, Andrade was sentenced to two consecutive terms of 25 years to life in prison. (The State conceded at oral argument before the U.S. Supreme Court that the California Supreme Court had decided a case since Andrade's conviction that might allow him to petition the trial court to reduce his sentence to ''one'' 25-years-to-life term.) The California Court of Appeal affirmed his conviction and sentence on direct appeal, and the California Supreme Court denied discretionary review.
Andrade next filed a petition for a writ of habeas corpus in the United States District Court for the Central District of California. Andrade argued that his sentence violated the Eighth Amendment ban on cruel and unusual punishment, but the district court rejected this claim. Andrade appealed, and the Ninth Circuit, after reviewing the relevant Supreme Court decisions, concluded that the district court was wrong. The State of California asked the U.S. Supreme Court to review the Ninth Circuit's decision, and it agreed to do so.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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