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Legal Opinion

In Re Rodriguez

California Supreme Court

Decided June 30, 1975No. Crim. 18044PublishedCited by 133 opinions

1Opinion of the Court

Opinion

WRIGHT, C. J.

Petitioner, who has served 22 years of an indeterminate sentence of one year to life for violation of Penal Code section 288,1 seeks a writ of habeas corpus to obtain his release from prison. He contends that the statutory life maximum term is disproportionate to the offense and thus violates both the Eighth Amendment to the United *643States Constitution2 and article I, section 17 (formerly § 6)3 of the California Constitution; that the 22 years he has served is likewise excessive punishment; and that the Adult Authority (hereafter Authority) has abused its discretion both in…

2Cases cited29 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. Furman v. GeorgiaSupreme Court of the United States · 1972
  4. Robinson v. CaliforniaSupreme Court of the United States · 1962
  5. Trop v. DullesSupreme Court of the United States · 1958

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3Cited by133 opinions

  1. People v. DillonCalifornia Supreme Court · 1983
  2. People v. MarshallCalifornia Supreme Court · 1996
  3. In re RenoCalifornia Supreme Court · 2012
  4. People v. JeffersonCalifornia Supreme Court · 1999
  5. In Re DannenbergCalifornia Supreme Court · 2005

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

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