Legal Opinion

Brown v. Mayle

Court of Appeals for the Ninth Circuit

Decided February 7, 2002No. Nos. 99-17261, 99-56197PublishedCited by 32 opinions

1Opinion of the Court

BERZON, Circuit Judge.

Earnest Bray, Jr. and Richard Napoleon Brown were each convicted of petty theft, Bray for attempting to steal three videotapes and Brown for attempting to steal a steering wheel alarm. Because of prior convictions, each was sentenced to life without possibility of parole for 25 years. Each now appeals the denial of a habeas petition contending that his sentence constituted cruel and unusual punishment in violation of the Eighth Amendment.

This court recently held, in Andrade v. Attorney General of the State of California, 270 F.3d 743 (9th Cir.2001), that a 50-year-to…

2Cases cited54 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  4. Taylor v. United StatesSupreme Court of the United States · 1990
  5. Solem v. HelmSupreme Court of the United States · 1983

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

3Cited by32 opinions

  1. Gary Benn v. John Lambert, Superintendent of the Washington State PenitentiaryCourt of Appeals for the Ninth Circuit · 2002
  2. Isaac Ramirez v. R.A. Castro, WardenCourt of Appeals for the Ninth Circuit · 2004
  3. In re ColeyCalifornia Supreme Court · 2012
  4. In Re WhiteCalifornia Court of Appeal · 2004
  5. Gary Benn v. John Lambert, Superintendent of the Washington State PenitentiaryCourt of Appeals for the Ninth Circuit · 2002

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

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