Legal Opinion

Andy Bernard Taylor v. Gail Lewis, Warden

Court of Appeals for the Ninth Circuit

Decided August 15, 2006No. 04-17517PublishedCited by 28 opinions

1Opinion of the Court

Opinion by Judge O’Scannlain; Concurrence by Judge Thomas

O’SCANNLAIN, Circuit Judge.

In this habeas case we review whether it was an unreasonable application of federal constitutional law for a California state court to decide that a “three strikes” sentence of 25 years to life for possessing 0.036 grams of cocaine did not violate the Eighth Amendment.

I

A

On the afternoon of August 30, 1998, police officers in Bakersfield, California, observed Andy Bernard Taylor fail to obey a stop sign while riding his bicycle. One of the officers recognized Taylor. The police stopped him and, with Taylor’s…

2Cases cited15 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Lockyer v. AndradeSupreme Court of the United States · 2003
  3. Solem v. HelmSupreme Court of the United States · 1983
  4. Harmelin v. MichiganSupreme Court of the United States · 1991
  5. Ylst v. NunnemakerSupreme Court of the United States · 1991

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

3Cited by28 opinions

  1. Gonzalez v. DuncanCourt of Appeals for the Ninth Circuit · 2008
  2. Norris v. MorganCourt of Appeals for the Ninth Circuit · 2010
  3. McNeal v. AdamsCourt of Appeals for the Ninth Circuit · 2010
  4. Crosby v. SchwartzCourt of Appeals for the Ninth Circuit · 2012
  5. Moore v. CHRONESDistrict Court, C.D. California · 2010

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

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