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EWING v. CALIFORNIA

No. 01-6978.

538 U.S. 11 (2003)

123 S.Ct. 1179

155 L.Ed.2d 108

EWING v. CALIFORNIA.

Supreme Court of United States.

Decided March 5, 2003.

Attorney(s) appearing for the Case

Quin Denvir, by appointment of the Court, 535 U.S. 1076, argued the cause for petitioner. With him on the briefs were David M. Porter, Karyn H. Bucur, and Mark E. Haddad.

Donald E. De Nicola, Deputy Attorney General of California, argued the cause for respondent. With him on the brief were Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, and Jaime L. Fuster, Kristofer S. Jorstad, and David C. Cook, Deputy Attorneys General.

Assistant Attorney General Chertoff argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Olson, Deputy Solicitor General Dreeben, John P. Elwood, and Joel M. Gershowitz.*

JUSTICE O'CONNOR announced the judgment of the Court and delivered an opinion, in which THE CHIEF JUSTICE and JUSTICE KENNEDY join.

In this case, we decide whether the Eighth Amendment prohibits the State of California from sentencing a repeat felon to a prison term of 25 years to life under the State's "Three Strikes and You're Out" law.

I

A

California's three strikes law reflects a shift in the...

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