Is a capital offender entitled to case proportionality review?
California, United States of America
The following excerpt is from The People v. Collins, 110 Cal.Rptr.3d 384, 232 P.3d 32, 49 Cal.4th 175 (Cal. 2010):
Intercase proportionality review is not constitutionally required. [Citation.] Nor does equal protection require that capital defendants be afforded the same sentence review afforded other felons under the determinate sentencing law. ( People v. Dunkle (2005) 36 Cal.4th 861, 940, 32 Cal.Rptr.3d 23, 116 P.3d 494.)
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