Does a defendant have a right to make a disproportionality claim on habeas corpus?
California, United States of America
The following excerpt is from People v. Panizzon, 13 Cal.4th 68, 51 Cal.Rptr.2d 851, 913 P.2d 1061 (Cal. 1996):
14 We likewise reject defendant's related claim that People v. Wingo (1975) 14 Cal.3d 169, 121 Cal.Rptr. 97, 534 P.2d 1001, which recognized that a sentence disproportionality claim (involving a non-negotiated sentence) is cognizable on habeas corpus despite a defendant's implied waiver for having failed to assert the claim previously, supports review of a disproportionality claim under the present circumstances.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Does a plaintiff's claim for equal rights under the Civil Rights Act apply to a defendant's claim of equal treatment? (California, United States of America)
What is the test for a defendant's claim that the exclusion of evidence in the trial of a defendant in a sexual assault case violated his federal constitutional right to present a defense? (California, United States of America)
Does section 1237.5 of the California Criminal Code bar a defendant from bringing a claim that a certificate is required in a petition for habeas corpus? (California, United States of America)
Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
What is the test for a defendant's claim that he was denied his constitutional right to due process of law because the trial court relieved the prosecution of its burden of establishing that defendant acted with malice? (California, United States of America)
What are the implications of a defendant's failure to bring a motion for a hearing on a Defendant's Miranda rights claim? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Does an indigent defendant have a right to seek habeas corpus even if he cannot afford to pay the filing fee? (California, United States of America)
