Appeals court upholds third strike for man who stole $62 of liquor

San Francisco Chronicle ^ | 5/2/7 | Bob Egelko

[SmithL]

SAN FRANCISCO -- A federal appeals court upheld a mentally ill man's three-strikes sentence of 25 years to life today for shoplifting two bottles of liquor from a Southern California market, a sentence that a dissenting judge called "barbarous.''

In a 2-1 ruling, the Ninth U.S. Circuit Court of Appeals in San Francisco affirmed a Los Angeles County judge's sentencing of Cornel Ray Joshua, who walked out of a West Covina market with $62 worth of liquor in July 1999. He ran when a store employee approached but was grabbed and pulled to the ground, according to testimony cited by his lawyer.

Joshua, diagnosed as a paranoid schizophrenic, had been convicted of robbery five times since 1974 and had been in and out of prisons and mental hospitals in the decades before his shoplifting conviction, said his attorney, Jerry Sies. He argued that a three-strikes sentence in such a case would violate the constitutional ban on cruel and unusual punishment.

But the court majority said federal judges, under a 1996 law, can overturn state criminal sentences only if they clearly violate constitutional standards that have been established by the U.S. Supreme Court. The high court has ruled that judges and juries in death penalty cases must consider a defendant's mental illness, but has made no such rulings in other cases, the appeals court said.

In the absence of "a Supreme Court decision clearly establishing that mental illness renders a non-capital sentence unconstitutional,'' a lower court has no authority to intervene

[SmithL]

This is from the 9th?

[ButThreeLeftsDo]

They got one right......

[Brilliant]

I betchya that if you actually look at his record, he’s got a bazillion strikes against him. It’s only in the unique manner that the Ninth counts that it adds up to 3.

[goldstategop]

I think its excessive for stealing $62 worth of liquor. I'm in favor of punishing criminals severely but 25 to life seems completely disproportionate to the nature of the offense in question.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Anti-Bubba182]

Desenting Judge Warren Ferguson: Appointed by: President Carter, 1979

[Freedom_Is_Not_Free]

Typical for MSM bias, there is absolutely no mention in the article what his previous Felony convictions were for that made this seeming minor incident a “3rd strike”. You don’t just have 5 prior shoplifting convictions and then get a 3rd strike.

[Brilliant]

“had been convicted of robbery five times since 1974...”

But it’s still only 3 strikes.

[SmoothTalker]

I think the judge needs some discretion on this sort of thing. This is absurd.

[Anti-Bubba182]

"...Joshua, diagnosed as a paranoid schizophrenic, had been convicted of robbery five times since 1974 and had been in and out of prisons and mental hospitals in the decades before his shoplifting conviction.."

There are more than three strikes in his criminal career. His record goes back before that law.

[goldstategop]

My thoughts exactly. Third strike should be reserved for grave offenses like rape, murder, armed robbery, mugging and that sort of thing. Severe sentences for minor offenses make a joke out of the justice system.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[w1andsodidwe]

I think its excessive for stealing $62 worth of liquor. I'm in favor of punishing criminals severely but 25 to life seems completely disproportionate to the nature of the offense in question.

You better believe than anyone who falls under three strikes knows the consequences of another strike against them before they do the crime. When was the last time you stole $62 worth of anything from a store? Never I bet.

Why would you think that it is OK to continually do stuff like that? We give them a break the 1st and 2nd time, anyone who does it the third seems to need a tougher lesson, I believe.

[goldstategop]

I'm not saying he should go free. I'm saying a lifetime behind bars for stealing $62 worth of liquor doesn't meet a third strike test. The sentence is too extreme given the offense that ocurred.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[verum ago]

well, there are the other 5 robbery convictions.. this is actually his 6th strike

[goldstategop]

A lesson by all means. But let's not have shoplifters sentenced to more time than murderers and rapists. Prison cell space is a limited commodity. Let's lock up for lengthy periods of time people who actually are a real danger to society.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[SmithL]

I think the judge needs some discretion on this sort of thing. This is absurd.

We passed the three-strikes law like this, on purpose. What's absurd is letting serious criminals out of jail, time after time. We don't want bleeding heart judges letting career criminals like Joshua off easy.

He didn't get to be a three-strikes candidate by only committing minor offenses. He has done a lot of major crimes, and has already been convicted of at LEAST two major crimes (in Joshua's case it was FIVE felonies. I hope he enjoyed his two bottles of booze, and I'm delighted that they are going to keep him off of our streets.

[NinoFan]

Yes, this guy is a career criminal.

As for the law, the 9th Circuit got it exactly right this time. I don’t recall the SCOTUS ever having having said that mental illness renders a severe non-capital punishment unconstitutional. Futhermore, the SCOTUS has upheld “three strikes” in the case of someone whose third strike was stealing some videotapes from a K-mart. The dissenting judge is nothing but an activist.

[Isabel C.]

I think its excessive for stealing $62 worth of liquor. I'm in favor of punishing criminals severely but 25 to life seems completely disproportionate to the nature of the offense in question.

If I already had 2 strikes against me, I wouldn't so much as spit on the sidewalk in order to avoid getting that 3rd strike. Apparently some people never learn.

[TASMANIANRED]

Guy will be better off in prison.
Roof over head, 3 square a day and free medical care where they will make him take his psychiatric drugs.

[CharlesWayneCT]

I don’t like 3 strikes. I don’t like that we throw people in jail for life for stupid things like this.

However, I don’t have much sympathy for anybody who doesn’t live like a saint when they know that any crime will get them thrown in jail for life.

[M203M4]

[Jimmah Carter appointee] said it was well established that "mental illness bears heavily on an individual's culpability.''..."This age of enlightenment cannot tolerate such barbarous action.''..."His ability to control his impulses was severely damaged by virtue of his mental illness,'' Sies said. "His recidivism is not a conscious choice.''

Sickening. Bonus rights for the insane.

"His ability to control his impulses was severely damaged by virtue of his mental illness"

******* victimhood bull****. Since this guy is incapable of controlling himself, and he is a danger to everyone, how does permanent involuntary institutionalization in a mental facility sound?