MARSHALL ET AL.

v.

SUSTER ET AL.

Citator

Cited By

• Linroy Bottoson v. Moore, 824 So. 2d 115 (Fla. 2002)
  …(1999) (opinion of Stevens, J., respecting the denial of the petitions for writ of certiorari) ("It seems appropriate to emphasize that the denial of these petitions for certiorari does not constitute a ruling on the merits.”); Riggs v. California, 525 U.S. 1114, 1116, 119 S.Ct. 890, 142 L.Ed.2d 789 (1999) (opinion of Stevens, J., joined by Souter, J., and Ginsburg, J., respecting the denial of the petition for a writ of certiorari) ("The denial of this petition for certiorari, as always, does not constitut…
• Lockyer v. Andrade, 538 U.S. 63 (U.S. 2003)
  …” permitted an affirmance of Andrade’s sentence. Indeed, since Harmelin, several Members of this Court have expressed “uncertainty” regarding the application of the proportionality principle to the California three strikes law. Riggs v. California, 525 U. S. 1114, 1115 (1999) (Stevens, J., joined by Souter and Ginsburg, JJ., respecting denial of certiorari) (“[T]here is some uncertainty about how our cases dealing with the punishment of recidivists should apply”); see also id., at 1116 (“It is thus unclear h…
• Durden v. California, 531 U.S. 1184 (U.S. 2001)
  …Justice Souter, with whom Justice Breyer joins, dissenting. Two Terms ago this Court denied certiorari in Riggs v. California, 525 U. S. 1114 (1999). The issue was an Eighth Amendment challenge to California’s statutory scheme that allows a petty theft (normally a misdemeanor) to be counted as a third felony for purposes of a three-strikes law, resulting in a sentence of 25 years to life.…