California Court of Appeal

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In re Nu-ez, G040377

Petition for habeas corpus is granted where: 1) plaintiff's sentence of life without parole constitutes cruel and unusual punishment and violates Article 1, sec. 17 of the California Constitution based on plaintiff's youth, the lack of injury to any victim, plaintiff's personal circumstances, and additional reasons; 2) plaintiff's sentence is arbitrary and capricious punishment in violation of the Eighth Amendment as plaintiff is the only known offender under age 15 across the country and around the world subjected to a life without parole sentence for a nonhomicide, no-injury offense.

Appellate Information

  • Decided 04/30/2009
  • Published 04/30/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Equal Justice Initiative of Alabama, Bryan A. Stevenson, Montgomery, AL, pro hac vice;  and Jack M. Earley, Irvine, for Petitioner.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Arlene A. Sevidal, Deputy Attorneys General, for Plaintiff and Respondent.
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