28 Oregon opinions name it 2 courts 2002–2026 14 in the last five years
The cases below were cited by Oregon 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.
| Case | Followed | Cited |
|---|---|---|
State v. Wiesegreen2 sentences2024See Wiese, 238 Or App at 429-30 (“[A]nalysis of the three [Rodriguez/Buck] factors under Article I, section 16, provide a sufficient basis to decide whether [a] defen- dant’s sentence was * * * cruel and unusual under the Eighth Amendment.”). 2024See Wiese, 238 Or App at 429-30 (“[A]nalysis of the three [Rodriguez/Buck] factors under Article I, section 16, provide a sufficient basis to decide whether [a] defen- dant’s sentence was * * * cruel and unusual under the Eighth Amendment.”). | 2 | 2 |
State v. Legreen2 sentences2024See, e.g., State v. Le, 327 Or App 129, 142 , 534 P3d 1097 , rev den, 371 Or 715 (2023) (giv- ing the defendant’s lack of criminal history “little weight” relative to the other Rodriguez/Buck factors); Gonzalez, 326 Or App at 604 (the defendant’s lack of criminal history did not make her sentence disproportionate, given other con- siderations); State v. Bentley, 301 Or App 347, 357 , 456 P3d 651 (2019) (the defen- dant’s lack of criminal history did not make his otherwise proportionate sentence disproportionate); Padilla, 277 Or App at 447 (where the defendant “committed a grave and invasive a 2024See, e.g., State v. Le, 327 Or App 129, 142 , 534 P3d 1097 , rev den, 371 Or 715 (2023) (giv- ing the defendant’s lack of criminal history “little weight” relative to the other Rodriguez/Buck factors); Gonzalez, 326 Or App at 604 (the defendant’s lack of criminal history did not make her sentence disproportionate, given other con- siderations); State v. Bentley, 301 Or App 347, 357 , 456 P3d 651 (2019) (the defen- dant’s lack of criminal history did not make his otherwise proportionate sentence disproportionate); Padilla, 277 Or App at 447 (where the defendant “committed a grave and invasive a | 2 | 2 |
State v. Gonzalezgreen2 sentences2024See, e.g., State v. Le, 327 Or App 129, 142 , 534 P3d 1097 , rev den, 371 Or 715 (2023) (giv- ing the defendant’s lack of criminal history “little weight” relative to the other Rodriguez/Buck factors); Gonzalez, 326 Or App at 604 (the defendant’s lack of criminal history did not make her sentence disproportionate, given other con- siderations); State v. Bentley, 301 Or App 347, 357 , 456 P3d 651 (2019) (the defen- dant’s lack of criminal history did not make his otherwise proportionate sentence disproportionate); Padilla, 277 Or App at 447 (where the defendant “committed a grave and invasive a 2024See, e.g., State v. Le, 327 Or App 129, 142 , 534 P3d 1097 , rev den, 371 Or 715 (2023) (giv- ing the defendant’s lack of criminal history “little weight” relative to the other Rodriguez/Buck factors); Gonzalez, 326 Or App at 604 (the defendant’s lack of criminal history did not make her sentence disproportionate, given other con- siderations); State v. Bentley, 301 Or App 347, 357 , 456 P3d 651 (2019) (the defen- dant’s lack of criminal history did not make his otherwise proportionate sentence disproportionate); Padilla, 277 Or App at 447 (where the defendant “committed a grave and invasive a | 2 | 2 |
State v. Hoovergreen2 sentences2024See, e.g., State v. Hoover, 250 Or App 504 , 280 P3d 1061 , rev den, 352 Or 564 (2012); State v. Alwinger, 236 Or App 240 , 236 P3d 755 (2010). 2024See, e.g., State v. Hoover, 250 Or App 504 , 280 P3d 1061 , rev den, 352 Or 564 (2012); State v. Alwinger, 236 Or App 240 , 236 P3d 755 (2010). | 2 | 2 |
State v. Padillagreen2 sentences2024See, e.g., State v. Le, 327 Or App 129, 142 , 534 P3d 1097 , rev den, 371 Or 715 (2023) (giv- ing the defendant’s lack of criminal history “little weight” relative to the other Rodriguez/Buck factors); Gonzalez, 326 Or App at 604 (the defendant’s lack of criminal history did not make her sentence disproportionate, given other con- siderations); State v. Bentley, 301 Or App 347, 357 , 456 P3d 651 (2019) (the defen- dant’s lack of criminal history did not make his otherwise proportionate sentence disproportionate); Padilla, 277 Or App at 447 (where the defendant “committed a grave and invasive a 2024See, e.g., State v. Le, 327 Or App 129, 142 , 534 P3d 1097 , rev den, 371 Or 715 (2023) (giv- ing the defendant’s lack of criminal history “little weight” relative to the other Rodriguez/Buck factors); Gonzalez, 326 Or App at 604 (the defendant’s lack of criminal history did not make her sentence disproportionate, given other con- siderations); State v. Bentley, 301 Or App 347, 357 , 456 P3d 651 (2019) (the defen- dant’s lack of criminal history did not make his otherwise proportionate sentence disproportionate); Padilla, 277 Or App at 447 (where the defendant “committed a grave and invasive a | 2 | 2 |
State v. Horsemangreen2 sentences2025Indeed, “no one factor is determinative in the Rodriguez/Buck analysis.” State v. Horseman, 294 Or App 398, 413 , 432 P3d 258 (2018), rev den, 364 Or 723 (2019). 2025Indeed, “no one factor is determinative in the Rodriguez/Buck analysis.” State v. Horseman, 294 Or App 398, 413 , 432 P3d 258 (2018), rev den, 364 Or 723 (2019). | 1 | 6 |
State v. Althousegreen2 sentences2024The first and third Rodriguez/Buck factors “ ‘overlap’ when determining pro- portionality under a recidivism statute.” Carey-Martin, 293 Or App at 618 -19 (quoting State v. Althouse, 359 Or 668, 685 , 375 P3d 475 (2016)). 2024The first and third Rodriguez/Buck factors “ ‘overlap’ when determining pro- portionality under a recidivism statute.” Carey-Martin, 293 Or App at 618 -19 (quoting State v. Althouse, 359 Or 668, 685 , 375 P3d 475 (2016)). | 1 | 6 |
State v. Ryangreen2 sentences2023See Ryan I, 361 Or at 623 - 26 (applying the Rodriguez/Buck factors). 2017Cite as 361 Or 602 (2017) 623 comported with the Rodriguez/Buck framework. | 1 | 5 |
Eddy v. Andersongreen2 sentences2025Indeed, “no one factor is determinative in the Rodriguez/Buck analysis.” State v. Horseman, 294 Or App 398, 413 , 432 P3d 258 (2018), rev den, 364 Or 723 (2019). 2025Indeed, “no one factor is determinative in the Rodriguez/Buck analysis.” State v. Horseman, 294 Or App 398, 413 , 432 P3d 258 (2018), rev den, 364 Or 723 (2019). | 1 | 3 |
State v. Shawgreen2 sentences2010See State v. Shaw, 233 Or App 427, 432 , 225 P3d 855 (2010) (“Although the legislature’s prescribed statutory penalty establishes the severity of the crime to a point, courts nonetheless have an independent duty to consider whether specific sentences [are proportioned to the offense].”). 2010See State v. Shaw, 233 Or App 427, 432 , 225 P3d 855 (2010) (“Although the legislature’s prescribed statutory penalty establishes the severity of the crime to a point, courts nonetheless have an independent duty to consider whether specific sentences [are proportioned to the offense].”). | 1 | 1 |
Jones v. General Motors Corp.green2 sentences2002See Jones v. General Motors Corp., 325 Or 404, 408 , 939 P2d 608 (1997) (stating rule). 2002See Jones v. General Motors Corp., 325 Or 404, 408 , 939 P2d 608 (1997) (stating rule). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Rodriguez/Buck
green
2 sentences2022Among other things, defendant argued that under the Rodriguez/Buck factors, the sentence violated Article I, section 16, of the Oregon Constitution, given his profound intellectual disability and lack of crimi- nal history. 347 Or 46, 58-67 , 217 P3d 659 (2009). 2022Among other things, defendant argued that under the Rodriguez/Buck factors, the sentence violated Article I, section 16, of the Oregon Constitution, given his profound intellectual disability and lack of crimi- nal history. 347 Or 46, 58-67 , 217 P3d 659 (2009). | 5 | 2016–2022 |
State v. Alwinger
green
2 sentences2025He argues that even though his conduct violated ORS 163.405, it was “at the minimal end” in comparison to “a whole swath of conduct that would also meet the statutory definition of sodomy, such as full anal penetration.” The state argues that we have “already rejected similar as-applied challenges to 300-month sentences in similar cases,” including State v. Alwinger, 236 Or App 240, 246-47 , 236 P3d 755 (2010), which is the most similar case that the state asks us to summarily rely on. 2025He argues that even though his conduct violated ORS 163.405, it was “at the minimal end” in comparison to “a whole swath of conduct that would also meet the statutory definition of sodomy, such as full anal penetration.” The state argues that we have “already rejected similar as-applied challenges to 300-month sentences in similar cases,” including State v. Alwinger, 236 Or App 240, 246-47 , 236 P3d 755 (2010), which is the most similar case that the state asks us to summarily rely on. | 4 | 2024–2025 |
State v. Carey-Martin
green
2 sentences2024The first and third Rodriguez/Buck factors “ ‘overlap’ when determining pro- portionality under a recidivism statute.” Carey-Martin, 293 Or App at 618 -19 (quoting State v. Althouse, 359 Or 668, 685 , 375 P3d 475 (2016)). 2024The first and third Rodriguez/Buck factors “ ‘overlap’ when determining pro- portionality under a recidivism statute.” Carey-Martin, 293 Or App at 618 -19 (quoting State v. Althouse, 359 Or 668, 685 , 375 P3d 475 (2016)). | 4 | 2018–2024 |
State v. Garrett
neutral
2 sentences2025Nonprecedential Memo Op: 345 Or App 110 (2025) 117 Defendant argues that “all three [enumerated] Rodriguez/Buck factors weigh in favor of a finding” that the sentence imposed on defendant is unconstitutional. 2025Nonprecedential Memo Op: 345 Or App 110 (2025) 117 Defendant argues that “all three [enumerated] Rodriguez/Buck factors weigh in favor of a finding” that the sentence imposed on defendant is unconstitutional. | 2 | 2025–2025 |
State v. Bentley
green
2 sentences2024See, e.g., State v. Le, 327 Or App 129, 142 , 534 P3d 1097 , rev den, 371 Or 715 (2023) (giv- ing the defendant’s lack of criminal history “little weight” relative to the other Rodriguez/Buck factors); Gonzalez, 326 Or App at 604 (the defendant’s lack of criminal history did not make her sentence disproportionate, given other con- siderations); State v. Bentley, 301 Or App 347, 357 , 456 P3d 651 (2019) (the defen- dant’s lack of criminal history did not make his otherwise proportionate sentence disproportionate); Padilla, 277 Or App at 447 (where the defendant “committed a grave and invasive a 2024See, e.g., State v. Le, 327 Or App 129, 142 , 534 P3d 1097 , rev den, 371 Or 715 (2023) (giv- ing the defendant’s lack of criminal history “little weight” relative to the other Rodriguez/Buck factors); Gonzalez, 326 Or App at 604 (the defendant’s lack of criminal history did not make her sentence disproportionate, given other con- siderations); State v. Bentley, 301 Or App 347, 357 , 456 P3d 651 (2019) (the defen- dant’s lack of criminal history did not make his otherwise proportionate sentence disproportionate); Padilla, 277 Or App at 447 (where the defendant “committed a grave and invasive a | 2 | 2024–2024 |
State v. Hernandez-Esteban
green
2 sentences2024Cite as 330 Or App 34 (2024) 43 (considering the three Rodriguez/Buck factors in holding that a 25-year prison sentence for “sexting” conduct violated Article I, section 16, including recognizing that the defen- dant’s conduct fell “toward the less serious range of conduct” covered by the relevant statute, even if it “does not fall at that very outer edge of prohibited contact”). 2024Cite as 330 Or App 34 (2024) 43 (considering the three Rodriguez/Buck factors in holding that a 25-year prison sentence for “sexting” conduct violated Article I, section 16, including recognizing that the defen- dant’s conduct fell “toward the less serious range of conduct” covered by the relevant statute, even if it “does not fall at that very outer edge of prohibited contact”). | 2 | 2024–2024 |
State v. Johnson
green
2 sentences2024See, e.g., State v. Le, 327 Or App 129, 142 , 534 P3d 1097 , rev den, 371 Or 715 (2023) (giv- ing the defendant’s lack of criminal history “little weight” relative to the other Rodriguez/Buck factors); Gonzalez, 326 Or App at 604 (the defendant’s lack of criminal history did not make her sentence disproportionate, given other con- siderations); State v. Bentley, 301 Or App 347, 357 , 456 P3d 651 (2019) (the defen- dant’s lack of criminal history did not make his otherwise proportionate sentence disproportionate); Padilla, 277 Or App at 447 (where the defendant “committed a grave and invasive a 2024See, e.g., State v. Le, 327 Or App 129, 142 , 534 P3d 1097 , rev den, 371 Or 715 (2023) (giv- ing the defendant’s lack of criminal history “little weight” relative to the other Rodriguez/Buck factors); Gonzalez, 326 Or App at 604 (the defendant’s lack of criminal history did not make her sentence disproportionate, given other con- siderations); State v. Bentley, 301 Or App 347, 357 , 456 P3d 651 (2019) (the defen- dant’s lack of criminal history did not make his otherwise proportionate sentence disproportionate); Padilla, 277 Or App at 447 (where the defendant “committed a grave and invasive a | 2 | 2024–2024 |
State v. Sanderlin
green
2 sentences2023Finally, the court stated that the Rodriguez/Buck factors “are not exclusive,” and that “the court found in State v. Sanderlin[, 276 Or App 574, 575-77 , 368 P3d 74 (2016),] that the trial court could consider mitigating facts in assess- ing moral culpability.” For that reason, the court “[found] it appropriate to consider the psychological paradigm of [defendant], all factors internal and external as a factor in the determination of proportionality.” The court then recounted the facts of defendant’s life from childhood to indictment, conviction, and sentenc- ing for first-degree arson. 2023Finally, the court stated that the Rodriguez/Buck factors “are not exclusive,” and that “the court found in State v. Sanderlin[, 276 Or App 574, 575-77 , 368 P3d 74 (2016),] that the trial court could consider mitigating facts in assess- ing moral culpability.” For that reason, the court “[found] it appropriate to consider the psychological paradigm of [defendant], all factors internal and external as a factor in the determination of proportionality.” The court then recounted the facts of defendant’s life from childhood to indictment, conviction, and sentenc- ing for first-degree arson. | 2 | 2023–2023 |
State v. Davidson
green
2 sentences2019Id. 13 *13 In analyzing the first and third Rodriguez/Buck factors under the Althouse construct, the Supreme Court noted that the crime of public decency standing alone is a misdemeanor, which merits, at most, up to one year of incarceration. 2019Id. at 385 , 380 P.3d 963 . | 1 | 2019–2019 |
Solem v. Helm
red
2 sentences2019In Solem v. Helm , 463 U.S. 277 , 284, 103 S. Ct. 3001 , 77 L.Ed. 2d 637 (1983), the United States Supreme Court held that the cruel and unusual punishment clause of the Eighth Amendment prohibits "not only barbaric punishments, but also sentences that are disproportionate to the crime committed." Solem announced a proportionality analysis similar to Oregon's Rodriguez/Buck factors for reviewing a cruel and unusual punishment claim: (1) the gravity of the offense and the harshness of the penalty; (2) a comparison of the sentence imposed for more serious crimes in the same jurisdiction; and (3) 2019In Solem v. Helm , 463 U.S. 277 , 284, 103 S. Ct. 3001 , 77 L.Ed. 2d 637 (1983), the United States Supreme Court held that the cruel and unusual punishment clause of the Eighth Amendment prohibits "not only barbaric punishments, but also sentences that are disproportionate to the crime committed." Solem announced a proportionality analysis similar to Oregon's Rodriguez/Buck factors for reviewing a cruel and unusual punishment claim: (1) the gravity of the offense and the harshness of the penalty; (2) a comparison of the sentence imposed for more serious crimes in the same jurisdiction; and (3) | 1 | 2019–2019 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.