Johnny Spain v. Ruth L. Rushen, Director, California Department of Corrections

With the greatest respect I differ from my colleagues in the conclusion they have reached. The case has been a difficult one for all of us and has required extensive deliberation. The very difficulty of the case points to the conclusion that we are not in an area where the Constitution of the United States mandates a result but in an area where a federal court is wrongly substituting its discretion for the discretion conscientiously exercised by the court that tried Spain for murder and convicted him of two murders.

THE TASK OF THIS COURT

The only ground on which a federal court may invalidate…