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By Shari Allison

Applying the gross disproportionality test of Solem v. Helm and Harmelin v. Michigan, the California Court of Appeal, Fourth District, held that a sentence of LWOP for a 14-year-old convicted of "no-injury" kidnapping violated both the 8th Amendment and the comparable provision of the California constitution. In re Nunez, No. G040377 (Cal. Ct. App. 4th Dist. 4/30/09)The en banc Sixth Circuit reversed an earlier panel ruling that had granted habeas relief based on the petitioner's counsel's failure to raise an Apprendi challenge to the Federal Sentencing Guidelines. The en banc court held that, even if that were true, the defendant in this case could not establish prejudice because the Sixth Circuit had repeatedly, pre-Booker, rejected such arguments...continue to full post

Full post as published by Tenth Circuit Blog on May 29, 2009 (boomark / email).