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Ninth Circuit Upholds Three Strikes Sentence for Petty Theft

By Michael Romano

On Friday, the Ninth Circuit upheld a 25-to-life sentence imposed under California?s Three Strikes law on an 82 year-old defendant convicted of stealing $114 of tools from Home Depot.  Nunes v. Ramirez-Palmer, 06-16100 (Gould, Smith, Covello).  The Court rejected Nunes' 8th Amendment argument, citing Nunes' prior criminal history, which included two rape convictions. For purposes of habeas review under AEDPA, the panel held that the only ?clearly established? 8th Amendment law is that ?a gross disproportionality principle is applicable to a term of years?  -- adding, however, that the Supreme Court has never defined the principle or described its application. The confusion arises from the Supreme Court?s 2003 decision, Lockyer v...continue to full post

Full post as published by Criminal Appeal on April 30, 2007 (boomark / email).