Is a defendant denied equal protection because he has not received either intercase proportionality review or appropriate intracase review?

California, United States of America


The following excerpt is from People v. Williams, 16 Cal.4th 153, 66 Cal.Rptr.2d 123, 940 P.2d 710 (Cal. 1997):

Finally, defendant argues he has been denied equal protection because he has not received either intercase proportionality review or appropriate intracase proportionality review. Defendant concedes, however, that he is not entitled to an intercase proportionality review on appeal. (People v. Bacigalupo (1991) 1 Cal.4th 103, 151, 2 Cal.Rptr.2d 335, 820 P.2d 559.) Neither the Eighth Amendment nor equal protection requires us to provide such. (People v. Bacigalupo, supra, 1 Cal.4th at p. 151, 2 Cal.Rptr.2d 335, 820 P.2d 559.) The People do not dispute that, under article I, section 17 of the California Constitution, defendant is entitled to intracase review to determine whether the death penalty is disproportionate to his personal culpability.

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