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relief term paper

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... Leandro Andrade, who had a record of six prior nonviolent convictions, received a third-strike sentence of 50 years for two incidents in which he stole videotapes with a total value of about $150 (Mears, 2003). In 1991, the San Francisco-based 9th U.S. Circuit Court of Appeals granted Andrade habeas relief based on finding that the California Court of Appealís interpretation of case law on the subject incorrectly applied tests for disproportionality. The court held that the decision did not consider Solem v. Helm, a 1983 Supreme Court decision that stated that a life sentence under a South Dakota recidivist law for ...

... argue that it imposes mandatory heavy sentences even if the third strike is a conviction for a nonviolent or otherwise minor crime. In Lockyer v. Andrade, the court was faced with some very difficult issues, including whether or not the three-strikes law, providing for a twenty-five year-to-life prison term for a third strike conviction, violates the Eighth Amendmentís prohibition against cruel and unusual punishment when applied to a defendant whose third strike conviction is for petty theft.
According to a spokeswoman for Attorney General Bill Lockyer's office, which supported Andrade's sentence, the office asked the Ninth Circuit court ...

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