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What happened in Gary Ewing v California?
Ewing v. California: Three strikes laws do not violate the constitutional prohibition against punishment that is grossly disproportionate to the crime because there is a reasonable basis for believing that these laws would further the legitimate goal of deterring and incapacitating repeat offenders.
Ewing v. California, 538 U.S. 11 (2003), is one of two cases upholding a sentence imposed under California's three strikes law against a challenge that it constituted cruel and unusual punishment in violation of the Eighth Amendment. [1] As in its prior decision in Harmelin v.
- Scalia (in judgment)
- Gary Ewing v. State of California
- Stevens, joined by Souter, Ginsburg, Breyer
- O'Connor, joined by Rehnquist, Kennedy
Brief Fact Summary. The Defendant, Gary Ewing (Defendant), was convicted of one count of felony grand theft. Since he had previously been convicted of two or more serious or violent felonies, Defendant was sentenced, under California’s “three strikes” law to 25 years to life in prison.
Ewing v. California was one of two cases that challenged the constitutionality of three-strikes laws. Lockyer v. Andrade, a decision handed down on the same day as Ewing, denied relief under Habeus Corpus from a 50-year sentence imposed under California’s three-strikes law.
Mar 5, 2003 · In October and November 1993, Ewing committed three burglaries and one robbery at a Long Beach, California, apartment complex over a 5-week period. He awakened one of his victims, asleep on her living room sofa, as he tried to disconnect her video cassette recorder from the television in that room.
While on parole, petitioner Ewing was convicted of felony grand theft for stealing three golf clubs, worth $399 apiece. As required by the three strikes law, the prosecutor formally alleged, and the trial court found, that Ewing had been convicted previously of four serious or violent felonies.
Facts. Gary Ewing (defendant) was arrested for stealing golf clubs worth $1,200. Ewing had prior convictions, including three burglaries and a robbery. Under California’s “Three Strikes and You’re Out Law,” defendants with more than two violent or serious felonies are sentenced to “an indeterminate term of life imprisonment.”
