In re Cook

The Supreme Court reversed the judgment of the court of appeal granting Anthony Cook's petition for writ of habeas corpus and remanded the matter to the court of appeal with directions to deny the petition, holding that resort to a petition for writ of habeas corpus was unnecessary in this case, at least in the first instance. Cook was convicted of two counts of first degree murder and one count of premeditated attempted murder. Cook, who was seventeen years old when he committed the murders, was sentenced to life with the possibility of parole for the attempted murder and five consecutive terms of twenty-five years to life for the murders and enhancements. Cook later filed a petition for writ of habeas corpus arguing that his sentence was cruel and unusual punishment in violation of the Eighth Amendment and Miller v. Alabama, 567 U.S. 460 (2012). The court of appeal granted the writ, holding that, in light of People v. Franklin, 63 Cal.4th 261 (2016), Cook was entitled to make a record before the superior court of mitigating evidence tied to his youth. The Supreme Court reversed, holding that Cal. Penal Code 1203.01 provides an adequate remedy at law to preserve evidence of youth-related factors. View "In re Cook" on Justia Law