section 16 proportionality requirement (Indiana) · Go Syfert
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section 16 proportionality requirement in Indiana

9 Indiana opinions name it 2 courts 1979–2016 0 in the last five years

The cases below were cited by Indiana 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
Brown v. Stategreen
indctapp · 2006 · cited in 2 Indiana opinions naming this issue, 2014–2014
2 sentences

2014The next constitutional provision cited by Hazelwood is the proportionality requirement of Article 1, Section 16 of the Indiana Constitution, which provides, "All penalties shall be proportioned to the nature of the offense." Brown v. State, 856 N.E.2d 739, 740 (Ind.Ct.App.2006).

2014The next constitutional provision cited by Hazelwood is the proportionality requirement of Article 1, Section 16 of the Indiana Constitution, which provides, “All penalties shall be proportioned to the nature of the offense.” Brown v. State, 856 N.E.2d 739, 740 (Ind.Ct.App.2006).

22
Conner v. Stategreen
ind · 1993 · cited in 2 Indiana opinions naming this issue, 1997–2000
2 sentences

2000As for the proportionality clause in Section 16, our Dunlop opinion observed, “We will find a sentence not proportional ‘only when a criminal penalty is not graduated and proportioned to the nature of an offense.’ ” 724 N.E.2d at 597 (quoting Conner v. State, 626 N.E.2d 803, 806 (Ind.1993) (citation omitted)). 11 The record clearly indicates that the trial judge considered the nature of the offense when he fashioned the sentence. 12 (R. at 1165.) The 165-year sentence is not disproportional to the nature of the offenses committed.

2000As for the proportionality clause in Section 16, our Dunlop opinion observed, "We will find a sentence not proportional `only when a criminal penalty is not graduated and proportioned to the nature of an offense.'" 724 N.E.2d at 597 (quoting Conner v. State, 626 N.E.2d 803, 806 (Ind. 1993) (citation omitted)). [11] The record clearly indicates that the trial judge considered the nature of the offense when he fashioned the sentence. [12] *736 (R. at 1165.) The 165-year sentence is not disproportional to the nature of the offenses committed.

12
Timothy Ladana Hazelwood v. State of Indianagreen
indctapp · 2014 · cited in 1 Indiana opinions naming this issue, 2016–2016
1 sentence

2016Proportionality Clause [19] The proportionality requirement of Article 1, Section 16 of the Indiana Constitution provides, “All penalties shall be proportioned to the nature of the offense.” Hazelwood v. State, 3 N.E.3d 39, 42 (Ind. Ct. App. 2014).

11
Clifton v. Stategreen
indctapp · 1978 · cited in 1 Indiana opinions naming this issue, 2010–2010
2 sentences

2010Further, we will only find a violation of Article I, Section 16 where the punishment is "grossly and unquestionably excessive." See Clifton v. State, 176 Ind.App. 395 , 375 N.E.2d 1126, 1128 (1978) (quoting Weems v. United States, 217 U.S. 349 , 30 S.Ct. 544 , 54 L.Ed. 793 (1910)).

2010Further, we will only find a violation of Article I, Section 16 where the punishment is "grossly and unquestionably excessive." See Clifton v. State, 176 Ind.App. 395 , 375 N.E.2d 1126, 1128 (1978) (quoting Weems v. United States, 217 U.S. 349 , 30 S.Ct. 544 , 54 L.Ed. 793 (1910)).

11
Clark v. Stategreen
ind · 1990 · cited in 1 Indiana opinions naming this issue, 1997–1997
1 sentence

1997See e.g., Clark v. State, 561 N.E.2d 759 (Ind.1990); Taylor v. State, 511 N.E.2d 1036 (Ind.1987); Schnitz v. State, 650 N.E.2d 717 (Ind.Ct.App.1995); Steelman v. State, 602 N.E.2d 152 (Ind.App.1992).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Williams v. State green
ind · 1979
2 sentences

1979However, the Supreme Court was unimpressed by a similar argument in Williams, supra. As Justice Pivarnik said at page 246 of 395 N.E.2d, the Eighth Amendment and Article 1, § 16 “require only that the maximum sentence for a lesser included offense not exceed the maximum sentence for the greater offense.” Wells has not demonstrated that the statutory sentencing scheme violates the rule stated in Williams .

1979However, the Supreme Court was unimpressed by a similar argument in Williams, supra. As Justice Pivarnik said, the Eighth Amendment and Article 1, § 16 “require only that the maximum sentence for a lesser included offense not exceed the maximum sentence for the greater offense.” Boyd has not demonstrated that the statutory sentencing scheme violates the rule stated in Williams .

21979–1979
Weems v. United States green
scotus · 1910
2 sentences

2010Further, we will only find a violation of Article I, Section 16 where the punishment is "grossly and unquestionably excessive." See Clifton v. State, 176 Ind.App. 395 , 375 N.E.2d 1126, 1128 (1978) (quoting Weems v. United States, 217 U.S. 349 , 30 S.Ct. 544 , 54 L.Ed. 793 (1910)).

2010Further, we will only find a violation of Article I, Section 16 where the punishment is "grossly and unquestionably excessive." See Clifton v. State, 176 Ind.App. 395 , 375 N.E.2d 1126, 1128 (1978) (quoting Weems v. United States, 217 U.S. 349 , 30 S.Ct. 544 , 54 L.Ed. 793 (1910)).

12010–2010
Dunlop v. State green
ind · 2000
2 sentences

2000As for the proportionality clause in Section 16, our Dunlop opinion observed, “We will find a sentence not proportional ‘only when a criminal penalty is not graduated and proportioned to the nature of an offense.’ ” 724 N.E.2d at 597 (quoting Conner v. State, 626 N.E.2d 803, 806 (Ind.1993) (citation omitted)). 11 The record clearly indicates that the trial judge considered the nature of the offense when he fashioned the sentence. 12 (R. at 1165.) The 165-year sentence is not disproportional to the nature of the offenses committed.

2000As for the proportionality clause in Section 16, our Dunlop opinion observed, "We will find a sentence not proportional `only when a criminal penalty is not graduated and proportioned to the nature of an offense.'" 724 N.E.2d at 597 (quoting Conner v. State, 626 N.E.2d 803, 806 (Ind. 1993) (citation omitted)). [11] The record clearly indicates that the trial judge considered the nature of the offense when he fashioned the sentence. [12] *736 (R. at 1165.) The 165-year sentence is not disproportional to the nature of the offenses committed.

12000–2000
Schnitz v. State green
indctapp · 1995
1 sentence

1997See e.g., Clark v. State, 561 N.E.2d 759 (Ind.1990); Taylor v. State, 511 N.E.2d 1036 (Ind.1987); Schnitz v. State, 650 N.E.2d 717 (Ind.Ct.App.1995); Steelman v. State, 602 N.E.2d 152 (Ind.App.1992).

11997–1997
Taylor v. Indiana green
ind · 1987
1 sentence

1997See e.g., Clark v. State, 561 N.E.2d 759 (Ind.1990); Taylor v. State, 511 N.E.2d 1036 (Ind.1987); Schnitz v. State, 650 N.E.2d 717 (Ind.Ct.App.1995); Steelman v. State, 602 N.E.2d 152 (Ind.App.1992).

11997–1997
Steelman v. State green
indctapp · 1992
1 sentence

1997See e.g., Clark v. State, 561 N.E.2d 759 (Ind.1990); Taylor v. State, 511 N.E.2d 1036 (Ind.1987); Schnitz v. State, 650 N.E.2d 717 (Ind.Ct.App.1995); Steelman v. State, 602 N.E.2d 152 (Ind.App.1992).

11997–1997
Harrison v. State red
ind · 1995
1 sentence

1996Harrison, 644 N.E.2d at 1260 .

11996–1996

Where else courts name it

OR 40 (1918–2026) IN 9 (1979–2016) TN 8 (1981–2022) MI 5 (1997–2026) IL 4 (1907–2009) MA 3 (1930–2019) MO 2 (1927–1935) VA 2 (1912–2023) OH 2 (2007–2008) TX 2 (1982–2006)

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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