NORRIS v. MORGAN

No. 08-35645.

622 F.3d 1276 (2010)

Brach Edward NORRIS, Petitioner-Appellant, v. Richard MORGAN, Superintendent of Washington State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2010.


Attorney(s) appearing for the Case

Matthew Campbell , Federal Defenders of Eastern Washington & Idaho, Spokane, WA, for the appellant.

Robert McKenna , Attorney General, and Donna Mullen (argued), Assistant Attorney General, Washington Attorney General's Office, Olympia, WA, for the appellee.

Before: RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges, and G. MURRAY SNOW, District Judge.


OPINION

BERZON, Circuit Judge:

Brach E. Norris was convicted by a jury of child molestation in the first-degree. Norris had also been convicted of child molestation ten years earlier. The State of Washington's "two strikes" law for repeat sex offenders provides for a mandatory sentence of life in prison without the possibility of parole, and Norris was so sentenced. Invoking the Eighth Amendment's prohibition against cruel and unusual punishment, Norris...

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