Legal Opinion

In re Cook

California Supreme Court

Decided June 3, 2019No. S240153PublishedCited by 82 opinions

1Opinion of the CourtOpinion of the Court by Corrigan, J.

*672 *446 In People v. Franklin (2016) 63 Cal.4th 261 , 202 Cal.Rptr.3d 496 , 370 P.3d 1053 ( Franklin ), the defendant committed a murder at age 16, was tried as an adult and given a sentence of 50 years to life. He challenged the sentence as a violation of the Eighth Amendment ban on cruel and unusual punishment. While his appeal was pending, the Legislature enacted Penal Code 1 sections 3051 and 4801 to provide a parole hearing during the 25th year of incarceration for certain juveniles sentenced as adults. Because **914 Franklin was eligible for such a hearing, we held that his Eighth Amendment…

Also in this document: Concurring in part, dissenting in part.

2Cases cited31 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Montgomery v. LouisianaSupreme Court of the United States · 2016
  3. In Re EstradaCalifornia Supreme Court · 1965
  4. In Re ClarkCalifornia Supreme Court · 1993
  5. People v. BrownCalifornia Supreme Court · 2012

26 more not listed; retrieve them via the Exa API.

3Cited by82 opinions

  1. Bontilao v. Superior Court of Santa Clara Cnty., California Court of Appeal, 5th District2019
  2. Alberto Hernandez v. Clark DucartCourt of Appeals for the Ninth Circuit · 2020
  3. Best v. Ocwen Loan Servicing, LLCCalifornia Court of Appeal · 2021
  4. Bontilao v. Superior CourtCalifornia Court of Appeal · 2019
  5. County of San Diego v. Com. on State MandatesCalifornia Court of Appeal · 2023

77 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API