October Term 2002 · Docket 01-6978
Does a 25-year sentence for stealing golf clubs violate the Eighth Amendment?
Gary Ewing seeks to overturn a 25-year prison term for stealing three golf clubs. California defends the sentence as a lawful application of its three-strikes law.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Quin Denvir represented Ewing during the oral argument.
Paul De Nicola represented California during the oral argument.
Paul D. Clement argued on behalf of the United States.
Chief Justice Rehnquist closed the argument session.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 29, lines 37-25 — Transcript, file page 29, lines 37-25
- Official Supreme Court Transcript — file page 3, lines 15-25 — Transcript, file page 3, lines 15-25
- Official Supreme Court Transcript — file page 3, lines 5-13 — Transcript, file page 3, lines 5-13
- Official Supreme Court Transcript — file page 45, lines 29-37 — Transcript, file page 45, lines 29-37
- Official Supreme Court Transcript — file page 51, lines 41-15 — Transcript, file page 51, lines 41-15
- Official Supreme Court Transcript — file page 53, lines 13-7 — Transcript, file page 53, lines 13-7
- Official Supreme Court Transcript — file page 54, lines 9-11 — Transcript, file page 54, lines 9-11
A citizen's guide to the whole case
What this case is about
Gary Ewing stole three golf clubs in Los Angeles. He received a 25-year prison sentence under California law. He argues this punishment is excessive. California argues the sentence fits its statutory scheme.
Official sources for this section
- Official Supreme Court Transcript — file page 29, lines 37-25 — Transcript, file page 29, lines 37-25
- Official Supreme Court Transcript — file page 3, lines 15-25 — Transcript, file page 3, lines 15-25
- Official Supreme Court Transcript — file page 45, lines 29-37 — Transcript, file page 45, lines 29-37
- Official Supreme Court Transcript — file page 51, lines 41-15 — Transcript, file page 51, lines 41-15
- Official Supreme Court Transcript — file page 53, lines 13-7 — Transcript, file page 53, lines 13-7
How the case got here
The Supreme Court heard oral argument in this case on November 5, 2002.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-13 — Transcript, file page 3, lines 5-13
- Official Supreme Court Transcript — file page 54, lines 9-11 — Transcript, file page 54, lines 9-11
What each side wants
Ewing wants the 25-year sentence struck down as excessive.
California wants the 25-year sentence upheld as lawful.
Official sources for this section
- Official Supreme Court Transcript — file page 29, lines 37-25 — Transcript, file page 29, lines 37-25
- Official Supreme Court Transcript — file page 3, lines 15-25 — Transcript, file page 3, lines 15-25
- Official Supreme Court Transcript — file page 45, lines 29-37 — Transcript, file page 45, lines 29-37
- Official Supreme Court Transcript — file page 51, lines 41-15 — Transcript, file page 51, lines 41-15
- Official Supreme Court Transcript — file page 53, lines 13-7 — Transcript, file page 53, lines 13-7
What each side says
Ewing argues the punishment is grossly disproportionate to the crime.
California argues the sentence follows its established three-strikes statute.
Official sources for this section
- Official Supreme Court Transcript — file page 29, lines 37-25 — Transcript, file page 29, lines 37-25
- Official Supreme Court Transcript — file page 3, lines 15-25 — Transcript, file page 3, lines 15-25
- Official Supreme Court Transcript — file page 45, lines 29-37 — Transcript, file page 45, lines 29-37
- Official Supreme Court Transcript — file page 51, lines 41-15 — Transcript, file page 51, lines 41-15
- Official Supreme Court Transcript — file page 53, lines 13-7 — Transcript, file page 53, lines 13-7
What the justices asked
Chief Justice Rehnquist asked about the value of the stolen golf clubs.
Justice Breyer asked about statistics under California's old sentencing law.
Official sources for this section
- Official Supreme Court Transcript — file page 54, lines 9-11 — Transcript, file page 54, lines 9-11
Why it matters
This case defines the limits of state sentencing power. It determines whether states can impose long terms for minor crimes. It shapes how courts review proportionality claims nationwide.
Official sources for this section
- Official Supreme Court Transcript — file page 29, lines 37-25 — Transcript, file page 29, lines 37-25
- Official Supreme Court Transcript — file page 3, lines 15-25 — Transcript, file page 3, lines 15-25
- Official Supreme Court Transcript — file page 45, lines 29-37 — Transcript, file page 45, lines 29-37
- Official Supreme Court Transcript — file page 51, lines 41-15 — Transcript, file page 51, lines 41-15
- Official Supreme Court Transcript — file page 53, lines 13-7 — Transcript, file page 53, lines 13-7
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-13 — Transcript, file page 3, lines 5-13
- Official Supreme Court Transcript — file page 54, lines 9-11 — Transcript, file page 54, lines 9-11
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 29, lines 37-25 — Transcript, file page 29, lines 37-25
- Official Supreme Court Transcript — file page 3, lines 15-25 — Transcript, file page 3, lines 15-25
- Official Supreme Court Transcript — file page 45, lines 29-37 — Transcript, file page 45, lines 29-37
- Official Supreme Court Transcript — file page 51, lines 41-15 — Transcript, file page 51, lines 41-15
- Official Supreme Court Transcript — file page 53, lines 13-7 — Transcript, file page 53, lines 13-7
- Official Supreme Court Transcript — file page 29, lines 37-25 — Transcript, file page 29, lines 37-25
- Official Supreme Court Transcript — file page 3, lines 15-25 — Transcript, file page 3, lines 15-25
- Official Supreme Court Transcript — file page 45, lines 29-37 — Transcript, file page 45, lines 29-37
- Official Supreme Court Transcript — file page 51, lines 41-15 — Transcript, file page 51, lines 41-15
- Official Supreme Court Transcript — file page 53, lines 13-7 — Transcript, file page 53, lines 13-7
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.