unjustifiable standard (Maine) · Go Syfert
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unjustifiable standard in Maine

5 Maine opinions name it 1 courts 1978–1987 0 in the last five years

The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Oyler v. Bolesgreen
scotus · 1962 · cited in 3 Maine opinions naming this issue, 1979–1983
2 sentences

1979Appellant does not allege that the decision to prosecute him under section 211 was “based upon an unjustifiable standard such as race, religion, or other arbitrary classification.” Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446 (1960).

1979Appellant does not allege that the decision to prosecute him under section 211 was “based upon an unjustifiable standard such as race, religion, or other arbitrary classification.” Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446 (1960).

13
State v. Healdgreen
me · 1978 · cited in 2 Maine opinions naming this issue, 1983–1987
2 sentences

1987The equal protection clauses of the United States and Maine Constitutions “prohibit]] selective enforcement [of criminal laws] ‘based upon an unjustifiable standard such as race, religion or other arbitrary classification.’ ” State v. Pickering, 462 A.2d 1151, 1161 (Me.1983) (quoting State v. Heald, 382 A.2d 290, 301 (Me.1978)).

1983The Equal Protection Clause prohibits selective enforcement "based upon an unjustifiable standard such as race, religion or other arbitrary classification." Id.

12
State v. Pickeringgreen
me · 1983 · cited in 1 Maine opinions naming this issue, 1987–1987
1 sentence

1987The equal protection clauses of the United States and Maine Constitutions “prohibit]] selective enforcement [of criminal laws] ‘based upon an unjustifiable standard such as race, religion or other arbitrary classification.’ ” State v. Pickering, 462 A.2d 1151, 1161 (Me.1983) (quoting State v. Heald, 382 A.2d 290, 301 (Me.1978)).

11
Zant v. Stephensgreen
scotus · 1983 · cited in 1 Maine opinions naming this issue, 1987–1987
2 sentences

1987Cf. McCleskey v. Kemp, — U.S. -, -, 107 S.Ct. 1756, 1765 , 95 L.Ed.2d 262, 278 (1987) (Court recognized that equal protection clause would be violated by sentencing purposefully on the basis of racial considerations); Zant v. Stephens, 462 U.S. 862, 886 , 103 S.Ct. 2733, 2747 , 77 L.Ed.2d 235 (1983) (“race, religion, or political affiliation of the defendant” termed “constitutionally impermissible or totally irrelevant to the sentencing process”).

1987Cf. McCleskey v. Kemp, — U.S. -, -, 107 S.Ct. 1756, 1765 , 95 L.Ed.2d 262, 278 (1987) (Court recognized that equal protection clause would be violated by sentencing purposefully on the basis of racial considerations); Zant v. Stephens, 462 U.S. 862, 886 , 103 S.Ct. 2733, 2747 , 77 L.Ed.2d 235 (1983) (“race, religion, or political affiliation of the defendant” termed “constitutionally impermissible or totally irrelevant to the sentencing process”).

11
McCleskey v. Kempgreen
scotus · 1987 · cited in 1 Maine opinions naming this issue, 1987–1987
2 sentences

1987Cf. McCleskey v. Kemp, — U.S. -, -, 107 S.Ct. 1756, 1765 , 95 L.Ed.2d 262, 278 (1987) (Court recognized that equal protection clause would be violated by sentencing purposefully on the basis of racial considerations); Zant v. Stephens, 462 U.S. 862, 886 , 103 S.Ct. 2733, 2747 , 77 L.Ed.2d 235 (1983) (“race, religion, or political affiliation of the defendant” termed “constitutionally impermissible or totally irrelevant to the sentencing process”).

1987Cf. McCleskey v. Kemp, — U.S. -, -, 107 S.Ct. 1756, 1765 , 95 L.Ed.2d 262, 278 (1987) (Court recognized that equal protection clause would be violated by sentencing purposefully on the basis of racial considerations); Zant v. Stephens, 462 U.S. 862, 886 , 103 S.Ct. 2733, 2747 , 77 L.Ed.2d 235 (1983) (“race, religion, or political affiliation of the defendant” termed “constitutionally impermissible or totally irrelevant to the sentencing process”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
United States v. Gordon R. Swanson, United States of America v. Glenn F. Gaffey green
ca8 · 1975
1 sentence

1978United States v. Swanson, supra. Many reasons may exist for the failure to prosecute persons subject to increased punishment as habitual offenders.

11978–1978

Where else courts name it

OH 40 (1976–2026) WA 27 (1973–2024) NC 24 (1975–2022) CA 23 (1967–2024) TX 23 (1997–2023) PA 20 (1970–2026) NE 16 (1898–2020) NJ 15 (1976–2022) MS 12 (1974–2017) MA 12 (1913–2025) CO 12 (1982–2026) GA 12 (1979–2019) MD 11 (1979–2006) WI 11 (1973–2025) MN 10 (1976–2007) CT 10 (1982–2021) AZ 9 (1975–1994) NY 9 (1967–2001) TN 8 (1984–2017) LA 8 (1976–2002) AL 7 (1977–2016) FL 7 (1991–2006) VA 7 (1984–2004) OK 7 (1979–2010) RI 7 (1980–2007) HI 7 (1980–2024) IA 7 (1871–2010) IL 7 (1976–2004) DE 7 (1980–2022) WY 7 (1990–2013) SD 6 (1978–2004) MO 6 (1980–2022) MI 6 (1983–2020) MT 5 (1978–1999) ME 5 (1978–1987) UT 5 (1988–2021) KS 4 (1969–2022) ID 4 (1984–1998) DC 4 (1975–2001) KY 3 (1979–2024) IN 3 (1981–2005) AR 3 (1993–2003) OR 3 (1980–2001) ND 2 (1988–2007) SC 2 (2004–2007) NV 2 (1970–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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