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Lockyer v. Andrade November 5, 2002 (01-1127) return to case listing Case Summary Andrade was convicted on two counts of petty theft for shoplifting videotapes worth a total of $153.54. He was sentenced to life in prison without possibility of parole for 50 years under California's Three Strikes Law. Because Andr ade had several prior convictions, all non-violent offenses, his misdemeanor petty theft crime could be prosecuted as a felony, thus triggering the Three Strikes Law's sentencing mandates. The California Court of Appeals affirmed his conviction and sente nce. He then petitioned for a writ of habeas corpus claiming that the Three Strikes Law violated the Eighth Amendment's prohibition against cruel and unusual punishment. The district court denied the petition. The Ninth Circuit Court of Appeals held th at the Three Strikes Law, as applied to Andrade, violated the Eighth Amendment's prohibition against cruel and unusual punishment because the punishment imposed was grossly disproportionate to the crime, two petty thefts. The Ninth Circuit opinion is foun d at 270 F.3d 743. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 8-1 to Reverse 5-4 to Affirm 5-4 to Reverse 7-2 to Reverse 5-4 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist O'Connor Scalia Thomas Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Souter Thomas Breyer Rehnquist O'Connor Scalia Kennedy Thomas VOTING TO AFFIRM Stevens Stevens Kennedy Souter Ginsburg Breyer Stevens Souter Ginsburg Breyer Stevens Ginsburg Stevens Souter Ginsburg Breyer return to case listing