Rainwater Law Group

Effective Criminal Defense

Jones v. Davis, No. 14-56373 [November 12, 2015]

Jones v. Davis

Held that a claim that California’s post-conviction system of judicial review violates the Eighth Amendment’s prohibition against cruel and unusual punishment by creating excessive delay between sentencing and execution, such that only an arbitrary few prisoners are executed is barred by Teague v Lane, under which federal courts may not consider novel constitutional theories on habeas review, without considering the parties’ arguments concerning exhaustion. The claim here, seeks to apply a novel constitutional rule, and is therefore barred by Teague and this Court has the discretion to address that issue “without reaching the exhaustion issue.”

blog comments powered by Disqus