News Release ~ 08/16/2012

Cal. Supreme Court Holds 110-Year Sentence For Juvenile Defendant Was ‘Cruel and Unusual’

Washington, DC (Aug. 16, 2012) – The California Supreme Court today held today that sentencing a juvenile to imprisonment – a term of years – with a parole eligibility date that falls past his natural life expectancy violates the Eighth Amendment’s prohibition of cruel and unusual punishment. Following the U.S. Supreme Court’s 2010 decision in Graham v. Florida, which prohibited sentencing juveniles to life without parole for non-homicide convictions, the California court unanimously agreed that Rodrigo Caballero’s sentence of 110 years to life for three attempted murders with bodily injury deprived him of “a meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.”

Caballero was 16 when he fired a handgun at three rival gang members, injuring one of them. According to the court, he would not become eligible for parole until 2112. The court interpreted Graham’s “flat ban” on life without parole sentences “applies to all nonhomicide cases involving juvenile offenders, including the term-of-years sentence that amounts to the functional equivalent of a life without parole sentence” such as Caballero’s.

Consistent with Graham, the court said, “we conclude that sentencing a juvenile offender for a nonhomicide offense to a term of years without a parole eligibility date that falls outside the juvenile’s natural life expectancy constitutes cruel and unusual punishment in violation of the Eighth Amendment.” The remedy for defendants who were sentenced for crimes they committed as juveniles who seek to modify their de facto life sentences file petitions for habeas corpus seeking resentencing.

The National Association of Criminal Defense Lawyers, the Juvenile Law Center, Human Rights Advocates, Human Rights Watch, the Loyola Law School Center for Law and Policy, and the Disability Rights Legal Center filed an amicus curiae brief in support of the defendant.

Contact: Jack King, Director of Public Affairs & Communications, (202) 465-7628 or jking@nacdl.org.

The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's approximately 10,000 direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal justice system.

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