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This case supposedly makes claim to the 9th District Federal Court, that if you were charged with a felony conviction before March of 1994 and you served your sentence that the court could not use that previous case as a strike against you.

2006-09-04 14:19:00 · 3 answers · asked by Thumper 1 in Politics & Government Law & Ethics

3 answers

isn't the 3 strikes law in california?

2006-09-04 14:24:31 · answer #1 · answered by uhd0rableo8 4 · 0 0

Under what state? Or do you mean 9th Circuit federal court?

I found Davis v. Woodford, 384 F.3d 628, (9th Cir. 2004) (link below)

But that doesn't have anything to do with a three-strikes law that I saw.

2006-09-04 21:21:18 · answer #2 · answered by coragryph 7 · 0 0

The first true "three strikes" law, with virtually no exceptions provided, was not enacted until 1993, when Washington voters approved Initiative 593. California followed one year later, when that state's voters approved Proposition 184 by an overwhelming majority of 72% in favor to 28% against. The initiative proposed to the voters had the title of Three Strikes and You're Out, referring to de facto life imprisonment after three felonies had been committed.[2]

The concept swiftly spread to other states, but none of them chose to adopt a law as sweeping as California's: By 2004, twenty-six states and the federal government had laws that satisfy the general criteria for designation as "three strikes" statutes — namely, that a third felony conviction brings a sentence of life in prison, with no parole possible until a long period of time, most commonly twenty-five years, has been served.


The U.S. Court of Appeals for the Ninth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:

District of Alaska
District of Arizona
Central District of California
Eastern District of California
Northern District of California
Southern District of California
District of Hawaii
District of Idaho
District of Montana
District of Nevada
District of Oregon
Eastern District of Washington
Western District of Washington


^ Ahmed A. White, "The Juridical Structure Of Habitual Offender Laws And The Jurisprudence Of Authoritarian Social Control," 37 U. Tol. L. Rev. 705 (2006).
^ The substantive provisions of Proposition 184 are codified in California Penal Code Sections 667(e)(2)(A)(ii) and 1170.12(c)(2)(A)(ii).
^ Ken Ellingwood, "Three-Time Loser Gets Life in Cookie Theft," Los Angeles Times, 28 October 1995, 1.
^ See California Penal Code Section 669.
^ Duane Campbell, "Three strikes and you're out — Human rights, US style: As Americans shrug off criticism of Camp X-Ray, thousands of their countrymen suffer cruel but all-too-usual punishment," The Guardian, 26 January 2002, 3.
^ Linda Greenhouse, "Justices Uphold Long Sentences In Repeat Cases," New York Times, 6 March 2003, A1.

2006-09-04 21:35:44 · answer #3 · answered by mysticideas 6 · 0 0

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