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New York Law School

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Monday, August 20, 2012

California: 110-year sentence overturned on Eighth Amendment Grounds

Last Thursday, the California Supreme Court unanimously overturned a 110-year to life sentence against a juvenile offender on Eighth Amendment grounds.  Citing Graham v. Florida, 130 S.Ct. 2011 (2010) (holding the Eighth Amendment prohibits states from sentencing a juvenile convicted of nonhomicide offenses to life imprisonment without the possibility of parole), the court held that such a sentence against a juvenile for a nonhomicide offense violates the juvenile's right against cruel and unusual punishment.

The case is People v. Caballero, No. S190647 (Cal. Aug. 16, 2012), and may be found here.

Hat tip:  Sentencing Law and Policy

Craig Estlinbaum

http://lawprofessors.typepad.com/adjunctprofs/2012/08/california-110-year-sentence-overturned-on-eighth-amendment-grounds.html

Constitutional Law, Recent Developments, State Law | Permalink

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