Duke Law School

Program in Public Law

Ewing v. California

Ewing was convicted for theft of three golf clubs and sentenced under California’s ”three strikes” law to twenty-five-years-to-life. Ewing had an extensive criminal record, dating back to 1984, that included felony and misdemeanor convictions for theft, battery, firearms possession, robbery, and burglary.

Question Presented:
Does petitioner’s twenty-five-years-to-life sentence violate federal constitutional provisions against cruel and unusual punishment because his sentence is grossly disproportionate to the offense of ”stealing golf clubs”?

Decision under Review (none; unpublished decision)

NOTE: will be argued in tandem with Lockyer v. Andrade

Supreme Court Opinion