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Ewing v. California November 5, 2002 (01-6978) return to case listing Case Summary Ewing was convicted of a felony crime, grand theft, and was sentenced under California's Three Strikes Law because he had been previously convicted of four serious or violent felonies. The state alleged that Ewing had stolen three golf clubs from a pro golf shop. Ewing requested that the trial court use its discretion and strike his prior convictions and reduce the current charge, grand theft, to a misdemeanor so that the Three Strikes Law sentencing mandates would not apply. The trial court refused to strike his prior convictions or to reduce his triggering offense to a misdemeanor and sentenced Ewing to twenty-five years to life in prison. On appeal, Ewing argued that imposition of a twenty-years to life sentence constitutes cruel and unusual punishment. The California Court of Appeals held that application of the Three Strikes Law and imposition of a twenty-five years to life sentence did not constitute cruel and unusual punishment because the sentence was not so disproportionate to the crime that it "shocked the conscience." The unpublished opinion of the California Court of Appeals may be found on Westlaw at 2001 WL 1840666. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 6-3 to Reverse 6-3 to Affirm 5-4 to Affirm 5-4 to Affirm 5-4 to Affirm VOTING TO REVERSE Stevens O'Connor Scalia Souter Ginsburg Breyer Stevens Souter Ginsburg Stevens Souter Ginsburg Breyer Stevens Souter Ginsburg Breyer Stevens Souter Ginsburg Breyer VOTING TO AFFIRM Rehnquist Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Thomas Breyer Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Thomas return to case listing