27 Idaho opinions name it 2 courts 1983–2024 5 in the last five years
The cases below were cited by Idaho 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 |
|---|---|---|
Maynard v. Cartwrightgreen2 sentences2015“An Eighth Amendment claim based upon vagueness examines whether the challenged aggravating circumstance, together with any limiting instruction, adequately channels the discretion of the sentencing body in order to prevent the imposition of an arbitrary and capricious sentence.” State v. Leavitt, 121 Idaho 4, 5, 822 P.2d 523, 524 (1991); see also Maynard v. Cartwright, 486 U.S. 356, 361–62 (1988); State v. Card, 121 Idaho 425, 434, 825 P.2d 1081, 1090 (1991). “[A]ggravating circumstances must be construed to permit the sentencer to make a principled distinction between those who deserve the d 2015“An Eighth Amendment claim based upon vagueness examines whether the challenged aggravating circumstance, together with any limiting instruction, adequately channels the discretion of the sentencing body in order to prevent the imposition of an arbitrary and capricious sentence.” State v. Leavitt, 121 Idaho 4, 5, 822 P.2d 523, 524 (1991); see also Maynard v. Cartwright, 486 U.S. 356, 361–62 (1988); State v. Card, 121 Idaho 425, 434, 825 P.2d 1081, 1090 (1991). “[A]ggravating circumstances must be construed to permit the sentencer to make a principled distinction between those who deserve the d | 3 | 4 |
State v. Leavittgreen2 sentences2018Thus, "[a]n Eighth Amendment claim based upon vagueness examines whether the challenged aggravating circumstance, together with any limiting instruction, adequately channels the discretion of the sentencing body in order to prevent the imposition of an arbitrary and capricious sentence." State v. Leavitt , 121 Idaho 4 , 5, 822 P.2d 523 , 524 (1991). 2018Thus, "[a]n Eighth Amendment claim based upon vagueness examines whether the challenged aggravating circumstance, together with any limiting instruction, adequately channels the discretion of the sentencing body in order to prevent the imposition of an arbitrary and capricious sentence." State v. Leavitt , 121 Idaho 4 , 5, 822 P.2d 523 , 524 (1991). | 3 | 3 |
Baze v. Reesgreen2 sentences2024Against this backdrop we also note that “the risk of negligence in implementing a death-penalty procedure . . . does not establish a cognizable Eighth Amendment claim.” Baze, 553 U.S. at 107 (Thomas, J., concurring) (quotation marks and citation omitted). 2024Against this backdrop we also note that “the risk of negligence in implementing a death-penalty procedure . . . does not establish a cognizable Eighth Amendment claim.” Baze, 553 U.S. at 107 (Thomas, J., concurring) (quotation marks and citation omitted). | 2 | 2 |
Hooley v. Stategreen2 sentences2024See Hooley v. State, 172 Idaho 906 , 912–13, 537 P.3d 1267 , 1273–74 (2022). 9 As discussed in more detail below, to prevail on his Eighth Amendment claim, Creech’s application for post-conviction relief must have alleged that the State intentionally or maliciously inflicted unnecessary pain during the first failed execution, or the State is pursuing the second to intentionally or maliciously inflict unnecessary pain. 2024See Hooley v. State, 172 Idaho 906 , 912–13, 537 P.3d 1267 , 1273–74 (2023). 9 As discussed in more detail below, to prevail on his Eighth Amendment claim, Creech’s application for post-conviction relief must have alleged that the State intentionally or maliciously inflicted unnecessary pain during the first failed execution, or the State is pursuing the second to intentionally or maliciously inflict unnecessary pain. | 2 | 2 |
Johnson v. Lombardigreen2 sentences2024See Bucklew v. Lombardi, 783 F.3d 1120, 1128 (8th Cir. 2015) (holding that the prisoner must identify an alternative execution method “at the earliest possible 8 time”); Johnson v. Lombardi, 809 F.3d 388, 390 (8th Cir. 2015) (affirming dismissal of Eighth Amendment challenge when inmate “failed plausibly to plead sufficient facts” establishing feasible alternative method); Zink v. Lombardi, 783 F.3d 1089, 1103 (8th Cir. 2015) (“The existence of such an alternative method of execution, therefore, is a necessary element of an Eighth Amendment claim, and this element—like any element of a claim—m 2024See Bucklew v. Lombardi, 783 F.3d 1120, 1128 (8th Cir. 2015) (holding that the prisoner must identify an alternative execution method “at the earliest possible 8 time”); Johnson v. Lombardi, 809 F.3d 388, 390 (8th Cir. 2015) (affirming dismissal of Eighth Amendment challenge when inmate “failed plausibly to plead sufficient facts” establishing feasible alternative method); Zink v. Lombardi, 783 F.3d 1089, 1103 (8th Cir. 2015) (“The existence of such an alternative method of execution, therefore, is a necessary element of an Eighth Amendment claim, and this element—like any element of a claim—m | 2 | 2 |
Rommell Broom v. Tim Shoopgreen2 sentences2024Francis v. Resweber, 329 U.S. 464 , 463–64 (1947); see also Broom v. Shoop, 963 F.3d 500 , 512–13 (2020) (discussing Resweber before rejecting the defendant’s Eighth Amendment claim after concluding that no unnecessary pain was intentionally or maliciously inflicted during the failed execution). 2024Francis v. Resweber, 329 U.S. 464 , 463–64 (1947); see also Broom v. Shoop, 963 F.3d 500 , 512–13 (2020) (discussing Resweber before rejecting the defendant’s Eighth Amendment claim after concluding that no unnecessary pain was intentionally or maliciously inflicted during the failed execution). | 2 | 2 |
Russell Bucklew v. George Lombardigreen2 sentences2024See Bucklew v. Lombardi, 783 F.3d 1120, 1128 (8th Cir. 2015) (holding that the prisoner must identify an alternative execution method “at the earliest possible 8 time”); Johnson v. Lombardi, 809 F.3d 388, 390 (8th Cir. 2015) (affirming dismissal of Eighth Amendment challenge when inmate “failed plausibly to plead sufficient facts” establishing feasible alternative method); Zink v. Lombardi, 783 F.3d 1089, 1103 (8th Cir. 2015) (“The existence of such an alternative method of execution, therefore, is a necessary element of an Eighth Amendment claim, and this element—like any element of a claim—m 2024See Bucklew v. Lombardi, 783 F.3d 1120, 1128 (8th Cir. 2015) (holding that the prisoner must identify an alternative execution method “at the earliest possible 8 time”); Johnson v. Lombardi, 809 F.3d 388, 390 (8th Cir. 2015) (affirming dismissal of Eighth Amendment challenge when inmate “failed plausibly to plead sufficient facts” establishing feasible alternative method); Zink v. Lombardi, 783 F.3d 1089, 1103 (8th Cir. 2015) (“The existence of such an alternative method of execution, therefore, is a necessary element of an Eighth Amendment claim, and this element—like any element of a claim—m | 2 | 2 |
David Zink v. George Lombardigreen2 sentences2024See Bucklew v. Lombardi, 783 F.3d 1120, 1128 (8th Cir. 2015) (holding that the prisoner must identify an alternative execution method “at the earliest possible 8 time”); Johnson v. Lombardi, 809 F.3d 388, 390 (8th Cir. 2015) (affirming dismissal of Eighth Amendment challenge when inmate “failed plausibly to plead sufficient facts” establishing feasible alternative method); Zink v. Lombardi, 783 F.3d 1089, 1103 (8th Cir. 2015) (“The existence of such an alternative method of execution, therefore, is a necessary element of an Eighth Amendment claim, and this element—like any element of a claim—m 2024See Bucklew v. Lombardi, 783 F.3d 1120, 1128 (8th Cir. 2015) (holding that the prisoner must identify an alternative execution method “at the earliest possible 8 time”); Johnson v. Lombardi, 809 F.3d 388, 390 (8th Cir. 2015) (affirming dismissal of Eighth Amendment challenge when inmate “failed plausibly to plead sufficient facts” establishing feasible alternative method); Zink v. Lombardi, 783 F.3d 1089, 1103 (8th Cir. 2015) (“The existence of such an alternative method of execution, therefore, is a necessary element of an Eighth Amendment claim, and this element—like any element of a claim—m | 2 | 2 |
State v. Cardgreen2 sentences2015“An Eighth Amendment claim based upon vagueness examines whether the challenged aggravating circumstance, together with any limiting instruction, adequately channels the discretion of the sentencing body in order to prevent the imposition of an arbitrary and capricious sentence.” State v. Leavitt, 121 Idaho 4, 5, 822 P.2d 523, 524 (1991); see also Maynard v. Cartwright, 486 U.S. 356, 361–62 (1988); State v. Card, 121 Idaho 425, 434, 825 P.2d 1081, 1090 (1991). “[A]ggravating circumstances must be construed to permit the sentencer to make a principled distinction between those who deserve the d 2015“An Eighth Amendment claim based upon vagueness examines whether the challenged aggravating circumstance, together with any limiting instruction, adequately channels the discretion of the sentencing body in order to prevent the imposition of an arbitrary and capricious sentence.” State v. Leavitt, 121 Idaho 4, 5, 822 P.2d 523, 524 (1991); see also Maynard v. Cartwright, 486 U.S. 356, 361–62 (1988); State v. Card, 121 Idaho 425, 434, 825 P.2d 1081, 1090 (1991). “[A]ggravating circumstances must be construed to permit the sentencer to make a principled distinction between those who deserve the d | 2 | 2 |
Lewis v. Jeffersgreen2 sentences2015“An Eighth Amendment claim based upon vagueness examines whether the challenged aggravating circumstance, together with any limiting instruction, adequately channels the discretion of the sentencing body in order to prevent the imposition of an arbitrary and capricious sentence.” State v. Leavitt, 121 Idaho 4, 5, 822 P.2d 523, 524 (1991); see also Maynard v. Cartwright, 486 U.S. 356, 361–62 (1988); State v. Card, 121 Idaho 425, 434, 825 P.2d 1081, 1090 (1991). “[A]ggravating circumstances must be construed to permit the sentencer to make a principled distinction between those who deserve the d 2015“An Eighth Amendment claim based upon vagueness examines whether the challenged aggravating circumstance, together with any limiting instruction, adequately channels the discretion of the sentencing body in order to prevent the imposition of an arbitrary and capricious sentence.” State v. Leavitt, 121 Idaho 4, 5, 822 P.2d 523, 524 (1991); see also Maynard v. Cartwright, 486 U.S. 356, 361–62 (1988); State v. Card, 121 Idaho 425, 434, 825 P.2d 1081, 1090 (1991). “[A]ggravating circumstances must be construed to permit the sentencer to make a principled distinction between those who deserve the d | 1 | 2 |
Furman v. Georgiagreen2 sentences1991Maynard v. Cartwright, 486 U.S. 356 , 108 S.Ct. 1853 , 100 L.Ed.2d 372 (1988); Gregg v. Georgia, 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976); see also Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972). 1991Maynard v. Cartwright, 486 U.S. 356 , 108 S.Ct. 1853 , 100 L.Ed.2d 372 (1988); Gregg v. Georgia, 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976); see also Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972). | 1 | 2 |
In re Disciplinary Action Against Watersgreen2 sentences2019June 5, 2014) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); James v. United States, 59 A.3d 1233, 1239 (D.C. 2013) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Vang, 847 N.W.2d 248, 262 (Minn. 2014) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Houston, 353 P.3d 55, 62 (Utah 2015) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); Sen, 390 P.3d at 772 (no Eighth Amendment viola 2019June 5, 2014) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); James v. United States, 59 A.3d 1233, 1239 (D.C. 2013) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Vang, 847 N.W.2d 248, 262 (Minn. 2014) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Houston, 353 P.3d 55, 62 (Utah 2015) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); Sen, 390 P.3d at 772 (no Eighth Amendment viola | 1 | 1 |
Dharminder Vir Sen v. Stategreen2 sentences2019June 5, 2014) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); James v. United States, 59 A.3d 1233, 1239 (D.C. 2013) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Vang, 847 N.W.2d 248, 262 (Minn. 2014) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Houston, 353 P.3d 55, 62 (Utah 2015) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); Sen, 390 P.3d at 772 (no Eighth Amendment viola 2019June 5, 2014) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); James v. United States, 59 A.3d 1233, 1239 (D.C. 2013) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Vang, 847 N.W.2d 248, 262 (Minn. 2014) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Houston, 353 P.3d 55, 62 (Utah 2015) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); Sen, 390 P.3d at 772 (no Eighth Amendment viola | 1 | 1 |
James v. United Statesgreen2 sentences2019June 5, 2014) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); James v. United States, 59 A.3d 1233, 1239 (D.C. 2013) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Vang, 847 N.W.2d 248, 262 (Minn. 2014) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Houston, 353 P.3d 55, 62 (Utah 2015) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); Sen, 390 P.3d at 772 (no Eighth Amendment viola 2019June 5, 2014) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); James v. United States, 59 A.3d 1233, 1239 (D.C. 2013) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Vang, 847 N.W.2d 248, 262 (Minn. 2014) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Houston, 353 P.3d 55, 62 (Utah 2015) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); Sen, 390 P.3d at 772 (no Eighth Amendment viola | 1 | 1 |
State v. Houstongreen2 sentences2019June 5, 2014) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); James v. United States, 59 A.3d 1233, 1239 (D.C. 2013) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Vang, 847 N.W.2d 248, 262 (Minn. 2014) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Houston, 353 P.3d 55, 62 (Utah 2015) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); Sen, 390 P.3d at 772 (no Eighth Amendment viola 2019June 5, 2014) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); James v. United States, 59 A.3d 1233, 1239 (D.C. 2013) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Vang, 847 N.W.2d 248, 262 (Minn. 2014) (no Eighth Amendment violation for juvenile’s sentence of life with thirty years fixed for homicide); State v. Houston, 353 P.3d 55, 62 (Utah 2015) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); Sen, 390 P.3d at 772 (no Eighth Amendment viola | 1 | 1 |
Winter v. Stategreen2 sentences2018See Gibson, 141 Idaho at 275-76 , 108 P.3d at 422-23 ; Winter v. State, 117 Idaho 103, 107 , 785 P.2d 667, 671 (Ct. App. 1989). 2018See Gibson, 141 Idaho at 275-76 , 108 P.3d at 422-23 ; Winter v. State, 117 Idaho 103, 107 , 785 P.2d 667, 671 (Ct. App. 1989). | 1 | 1 |
Gibson v. Bennettgreen2 sentences2018See Gibson, 141 Idaho at 275-76 , 108 P.3d at 422-23 ; Winter v. State, 117 Idaho 103, 107 , 785 P.2d 667, 671 (Ct. App. 1989). 2018See Gibson, 141 Idaho at 275-76 , 108 P.3d at 422-23 ; Winter v. State, 117 Idaho 103, 107 , 785 P.2d 667, 671 (Ct. App. 1989). | 1 | 1 |
Kennedy v. Louisianagreen2 sentences2015Next, guided by “the standards elaborated by controlling precedents and by the Court’s own understanding and interpretation of the Eighth Amendment’s test, history, meaning, and purpose,” Kennedy v. Louisiana, 554 U.S. 407, 421 [ 128 S.Ct. 2641, 2650 , 171 L.Ed.2d 525, 540 ] (2008), the Court must determine in the exercise of its own independent judgment whether the punishment in question violates the Constitution. 2015Next, guided by “the standards elaborated by controlling precedents and by the Court’s own understanding and interpretation of the Eighth Amendment’s test, history, meaning, and purpose,” Kennedy v. Louisiana, 554 U.S. 407, 421 [ 128 S.Ct. 2641, 2650 , 171 L.Ed.2d 525, 540 ] (2008), the Court must determine in the exercise of its own independent judgment whether the punishment in question violates the Constitution. | 1 | 1 |
Whitehawk v. Stategreen2 sentences2015For support, he cites to Whitehawk v. State, 116 Idaho 831 , 780 P.2d 153 (Ct.App.1989). 2015For support, he cites to Whitehawk v. State, 116 Idaho 831 , 780 P.2d 153 (Ct.App.1989). | 1 | 1 |
| State v. Robertsongreen | 1 | 1 |
| State v. Browngreen | 1 | 1 |
| State v. Pizzutogreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sarah Marie Johnson v. State
green
2 sentences2024The Court went on to hold, “While it’s true Johnson could have made an Eighth Amendment claim that her sentence was generally excessive or cruel or unusual, she could not have made the claim that her sentence was illegal under Miller’s holding interpreting the Eighth Amendment until after Miller was decided.” Johnson, 162 Idaho at 224 , 395 P.3d 1257 . 2024The Court went on to hold, “While it’s true Johnson could have made an Eighth Amendment claim that her sentence was generally excessive or cruel or unusual, she could not have made the claim that her sentence was illegal under Miller’s holding interpreting the Eighth Amendment until after Miller was decided.” Johnson, 162 Idaho at 224 , 395 P.3d 1257 . | 3 | 2017–2024 |
Miller v. Alabama
green
2 sentences2017On appeal, Johnson argues: (1) the district court erred in denying her request under Idaho Code section 19-4902 for additional DNA testing; (2) that in light of Miller v. Alabama, 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), and Montgomery v. Louisiana, — U.S. —, 136 S.Ct. 718 , 193 L.Ed.2d 599 (2016), the district court erred in dismissing her Eighth Amendment claim because as a minor, the imposition of two fixed life sentences is cruel and unusual punishment; and (3) this Court’s decision in Murphy v. State, 156 Idaho 389 , 327 P.3d 365 (2014), which holds that ineffective assista 2017On appeal, Johnson argues: (1) the district court erred in denying her request under Idaho Code section 19-4902 for additional DNA testing; (2) that in light of Miller v. Alabama, 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), and Montgomery v. Louisiana, — U.S. —, 136 S.Ct. 718 , 193 L.Ed.2d 599 (2016), the district court erred in dismissing her Eighth Amendment claim because as a minor, the imposition of two fixed life sentences is cruel and unusual punishment; and (3) this Court’s decision in Murphy v. State, 156 Idaho 389 , 327 P.3d 365 (2014), which holds that ineffective assista | 2 | 2017–2017 |
Montgomery v. Louisiana
green
2 sentences2017On appeal, Johnson argues: (1) the district court erred in denying her request under Idaho Code section 19-4902 for additional DNA testing; (2) that in light of Miller v. Alabama, 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), and Montgomery v. Louisiana, — U.S. —, 136 S.Ct. 718 , 193 L.Ed.2d 599 (2016), the district court erred in dismissing her Eighth Amendment claim because as a minor, the imposition of two fixed life sentences is cruel and unusual punishment; and (3) this Court’s decision in Murphy v. State, 156 Idaho 389 , 327 P.3d 365 (2014), which holds that ineffective assista 2017On appeal, Johnson argues: (1) the district court erred in denying her request under Idaho Code section 19-4902 for additional DNA testing; (2) that in light of Miller v. Alabama, 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), and Montgomery v. Louisiana, — U.S. —, 136 S.Ct. 718 , 193 L.Ed.2d 599 (2016), the district court erred in dismissing her Eighth Amendment claim because as a minor, the imposition of two fixed life sentences is cruel and unusual punishment; and (3) this Court’s decision in Murphy v. State, 156 Idaho 389 , 327 P.3d 365 (2014), which holds that ineffective assista | 2 | 2017–2017 |
Estelle v. Gamble
green
2 sentences1992To establish an Eighth Amendment violation in the medical treatment context, a prisoner must allege acts or omissions sufficiently harmful to evidence “deliberate indifference to serious medical needs.” Estelle, 429 U.S. at 106 , 97 S.Ct. at 292 ; Sivak, 118 Idaho at 195 , 795 P.2d at 900 . 1992To establish an Eighth Amendment violation in the medical treatment context, a prisoner must allege acts or omissions sufficiently harmful to evidence “deliberate indifference to serious medical needs.” Estelle, 429 U.S. at 106 , 97 S.Ct. at 292 ; Sivak, 118 Idaho at 195 , 795 P.2d at 900 . | 2 | 1990–1992 |
Gregg v. Georgia
green
2 sentences1991Maynard v. Cartwright, 486 U.S. 356 , 108 S.Ct. 1853 , 100 L.Ed.2d 372 (1988); Gregg v. Georgia, 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976); see also Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972). 1991Maynard v. Cartwright, 486 U.S. 356 , 108 S.Ct. 1853 , 100 L.Ed.2d 372 (1988); Gregg v. Georgia, 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976); see also Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972). | 2 | 1991–1991 |
Louisiana Ex Rel. Francis v. Resweber
green
2 sentences2024Francis v. Resweber, 329 U.S. 459 , 463–64 (1947); see also Broom v. Shoop, 963 F.3d 500 , 512–13 (2020) (discussing Resweber before rejecting the defendant’s Eighth Amendment claim after concluding that no unnecessary pain was intentionally or maliciously inflicted during the failed execution). 2024Francis v. Resweber, 329 U.S. 459 , 463–64 (1947); see also Broom v. Shoop, 963 F.3d 500 , 512–13 (2020) (discussing Resweber before rejecting the defendant’s Eighth Amendment claim after concluding that no unnecessary pain was intentionally or maliciously inflicted during the failed execution). | 1 | 2024–2024 |
Iannucci v. Switalski
green
1 sentence2019See, e.g., Adamcik v. State, 163 Idaho 114 , 130, 408 P.3d 474 , 490 (2017), cert. denied, 138 S. Ct. 1607 (2018) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); Johnson v. State, 162 Idaho 213, 226 , 395 P.3d 1246, 1259 , cert. denied, 138 S. Ct. 470 (2017) (no Eighth Amendment violation for juvenile’s sentence of life without parole for homicide); Brown v. Hobbs, No. CV-13-1116, 2014 WL 2566091 , at *6 (Ark. | 1 | 2019–2019 |
Alisha Ann Murphy v. State
green
2 sentences2017On appeal, Johnson argues: (1) the district court erred in denying her request under Idaho Code section 19-4902 for additional DNA testing; (2) that in light of Miller v. Alabama, 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), and Montgomery v. Louisiana, — U.S. —, 136 S.Ct. 718 , 193 L.Ed.2d 599 (2016), the district court erred in dismissing her Eighth Amendment claim because as a minor, the imposition of two fixed life sentences is cruel and unusual punishment; and (3) this Court’s decision in Murphy v. State, 156 Idaho 389 , 327 P.3d 365 (2014), which holds that ineffective assista 2017On appeal, Johnson argues: (1) the district court erred in denying her request under Idaho Code section 19-4902 for additional DNA testing; (2) that in light of Miller v. Alabama, 567 U.S. 460 , 132 S.Ct. 2455 , 183 L.Ed.2d 407 (2012), and Montgomery v. Louisiana, — U.S. —, 136 S.Ct. 718 , 193 L.Ed.2d 599 (2016), the district court erred in dismissing her Eighth Amendment claim because as a minor, the imposition of two fixed life sentences is cruel and unusual punishment; and (3) this Court’s decision in Murphy v. State, 156 Idaho 389 , 327 P.3d 365 (2014), which holds that ineffective assista | 1 | 2017–2017 |
Roper v. Simmons
green
1 sentence2015Simmons, 543 U.S. at 572 [125 S.Ct. at 1196-97, 161 L.Ed.2d at 23-24 ]. | 1 | 2015–2015 |
State v. Windom
green
2 sentences2011State v. Windom, 150 Idaho 873 , 253 P.3d 310 , 317 n. 2 (2011). 2011State v. Windom, 150 Idaho 873 , 253 P.3d 310 , 317 n. 2 (2011). | 1 | 2011–2011 |
State v. Winn
green
2 sentences2011In State v. Winn, this Court was faced with an Eighth Amendment challenge to the insanity defense. 121 Idaho 850 , 828 P.2d 879 (1992). 2011In State v. Winn, this Court was faced with an Eighth Amendment challenge to the insanity defense. 121 Idaho 850 , 828 P.2d 879 (1992). | 1 | 2011–2011 |
| State v. Boss green | 1 | 2003–2003 |
| State v. Lavy green | 1 | 2003–2003 |
| State v. Hoffman green | 1 | 2003–2003 |
| State v. Martin green | 1 | 2003–2003 |
| Sivak v. Ada County green | 1 | 1992–1992 |
| Godfrey v. Georgia green | 1 | 1991–1991 |
| Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc. green | 1 | 1990–1990 |
| Penry v. Lynaugh red | 1 | 1990–1990 |
| Woodson v. North Carolina green | 1 | 1983–1983 |
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.