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LOCKYER v. ANDRADE

No. 01-1127.

538 U.S. 63 (2003)

123 S.Ct. 1166

155 L.Ed.2d 144

LOCKYER, ATTORNEY GENERAL OF CALIFORNIA v. ANDRADE.

Supreme Court of United States.

Decided March 5, 2003.

Attorney(s) appearing for the Case

Douglas P. Danzig, Deputy Attorney General of California, argued the cause for petitioner. With him on the briefs were Bill Lockyer, Attorney General, pro se, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, and Carl H. Horst, Supervising Deputy Attorney General.

Erwin Chemerinsky argued the cause for respondent. With him on the brief were Paul Hoffman, Jordan C. Budd, Steven R. Shapiro, Mark D. Rosenbaum, Daniel P. Tokaji, and Alan L. Schlosser.*

JUSTICE O'CONNOR delivered the opinion of the Court.

This case raises the issue whether the United States Court of Appeals for the Ninth Circuit erred in ruling that the California Court of Appeal's decision affirming Leandro Andrade's two consecutive terms of 25 years to life in prison for a "third strike" conviction is contrary to, or an unreasonable application of, clearly established federal law as determined by this Court...

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