United States Ninth Circuit

The district court's grant of two habeas corpus petitions is reversed and remanded, where: 1) the California Court of Appeal decision upholding the trial court's removal of a juror for willful misconduct was neither contrary to nor an unreasonable application of clearly established federal law; and 2) the sentence did not violate the Eighth Amendment as cruel and unusual as to petitioner DeMola, a juvenile offender, because she was not sentenced to life without possibility of parole pursuant to a mandatory sentencing scheme that prohibited the court from taking into account potential mitigating circumstances, and because the record showed that the trial judge did make an individualized sentencing determination under a scheme that affords discretion and leniency. (Amended opinion)

Appellate Information

• Decided 01/21/2014
• Published 01/21/2014

Judges

• TALLMAN

Court

• United States Ninth Circuit

Counsel