Crosby v. Schwartz, No. 10-17726 (9th Cir. 2012)
Annotate this CasePetitioner appealed the district court's denial of his federal petition for a writ of habeas corpus. Petitioner raised three claims on appeal: (1) petitioner challenged the California Court of Appeal's conclusion that his waiver of his Sixth amendment right to a jury trial was valid; (2) petitioner claimed that the California court erred in finding that the trial court acted within its discretion to deny his subsequent attempt to withdraw the jury trial waiver; and (3) petitioner contended that the California court erred in finding that his sentence of 26 months to life under California's Three Strikes Law did not constitute cruel and unusual punishment under the Eighth Amendment. Because the court concluded that these holdings of the California Court of Appeal were neither contrary to, nor involved an unreasonable application of, clearly established Federal law, the court affirmed the district court's denial of the petition.
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