Anonymous asked in Politics & GovernmentGovernment · 9 years ago

who is the plaintiff in lockyer v. andrade, 538 us 63 - Supreme Court 2003?

i know that the plaintiff is always mentioned first but i'm confused about it being the CA attorney general? can someone explain. thanks.

1 Answer

  • 9 years ago
    Favorite Answer

    The plaintiff is always first in the original court action. In appeals courts, the one bringing the appeal comes first. You often see cases that flip as they progress through the system. US v. Smith, Smith v. US, US v. Smith, etc. This is one of those cases. Appeals courts refer to the parties as "Appellant" and "Appellee/Respondant" to keep it simple. You don't generally see the term "Plaintiff" in an appeals or SCOTUS case.

    Lockyer was the CA Attorney General, Andrade was the alleged career criminal. There are 2 sets of cases -- the original criminal case and its appeals in the state courts (People v. Andrade) and the habeas petition in the federal courts (Andrade v. Lockyer, AG of CA).

    The SCOTUS case Lockyer v. Andrade was not an appeal of the original criminal case, it was an appeal of Andrade's habeas corpus petition. So the habeas petition to the US District Court was Andrade v. Lockyer, with Andrade as the plaintiff. Andrade lost, then appealed to the 9th Circuit Appeals Court, as Andrade v. Lockyer. Andrade won in the Appeals, and CA appealed to SCOTUS. That made it Lockyer v. Andrade.

    9th Curcuit:


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