Ninth Circuit Court of Appeals Judge Harry Pregerson is bucking the trend in California Three-Strikes cases. He refuses to go along with life sentences for non-violent third-strike offenses. His view of "stare decisis" and his obligation to follow the dictates of the Supreme Court differs from that of some more conservative judges.

In good conscience, I cannot vote to go along with the sentence imposed in this case," Pregerson wrote in one typical dissent.

"I think the Three Strikes law should only be applied to a defendant whose criminal history, including his last offense, demonstrates that he needs to be taken off the streets because he poses a realistic threat to the health and safety of the community," Pregerson explained Tuesday. "There are cases where a long term in prison is justified and cases where it is not."

One appeal involved a 25-years-to-life sentence for stealing a $130 television from a Lake Elsinore Wal-Mart. Another involved a third-strike conviction for passing bad checks. In yet another, the defendant was convicted of receiving a stolen .22-caliber handgun.

....Pregerson is described by many as a compassionate liberal. He has been honored for his extensive work with veterans and the homeless. Pregerson said former Supreme Court Chief Justice Earl Warren would always ask one question. "Very simple -- 'Is it fair?'" Pregerson said. "That's it. Our system has to be grounded in fairness."

We had the pleasure of meeting and speaking with Judge Pregerson at some length in Los Angeles last October at the swearing-in party for LA Police Chief William Bratton. The Judge is charming, vivacious and a great conversationalist. His conscience does him proud. [link via How Appealing]