This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Petitioner Bill Lockyer, Attorney General of California, argues that the Ninth Circuit's grant of habeas relief to Leandro Andrade should be reversed.
Petitioner contends that the Ninth Circuit erred because it did not properly apply the principles of habeas corpus review under the AEDPA.
Background and question before the Court
Leandro Andrade filed a petition for review to the California Supreme Court, which was denied, and subsequently filed a state habeas corpus petition based on Romero.
According to Chief Justice Rehnquist, the Court considered whether this is the first Ninth Circuit case to decide the constitutional question and then decide whether the State court had reasonably applied it.
According to Justice Stevens, a question was raised about whether an inference of gross disproportionality should be drawn in this case.
The discussion included whether the entire criminal record can be considered in a proportionality analysis.
According to Justice, the Court was asked whether any decision has struck down a term of years as disproportionate, noting that Solem involved a life sentence.
What each side argues
Petitioner Position
The petitioner argues that the Ninth Circuit’s grant of habeas relief should be reversed because the court failed to apply AEDPA principles correctly.
Respondent Position
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Chief Justice Rehnquist asked whether this is the first Ninth Circuit case to decide the constitutional question and then assess the State court’s application.
According to Justice Stevens, justice Stevens questioned whether an inference of gross disproportionality should be drawn in this case.
A Justice asked whether the California Supreme Court’s application of AEDPA was improper.
According to Justice, a Justice inquired whether any decision has struck down a term of years as disproportionate, noting that Solem involved a life sentence.
What the Court decided
Why it matters
Terms to know
- Proportionality
- A principle that sentences must be graduated in proportion to the offense.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- a7b4a46f421ed2493a0a-r1-95f63d2e0fc8b22c.pdforal argument transcript
Guide generated September 19, 2026. Automated validation accepted this version.