Robert Alton Harris v. R. Pulley, Warden of the California State Prison at San Quentin

Robert Harris, a California state prisoner who was sentenced to death for the murder of two teenage boys, appeals from the district court’s denial of his habeas corpus petition brought under 28 U.S.C. § 2254. Because the California Supreme Court did not undertake a proportionality review of the application of the death penalty in this case, we vacate the district court’s denial of the petition and instruct the district court to grant the petition relieving petitioner from his sentence of death unless the California Supreme Court undertakes, within a reasonable time not to exceed 120 days from…