proportionality principle in West Virginia

2019Constitutional Proportionality of Recidivist Life Sentence The petitioner’s second assigned error centers upon whether his life sentence with mercy, which was imposed by the circuit court in accordance with West Virginia Code § 61-11-18(c), violates the proportionality clause of the West Virginia Constitution.7 Our review of this issue is in accordance with the following standards of review: 7 See supra note 1. 8 “‘The Supreme Court of Appeals reviews sentencing orders . . . under a deferential abuse of discretion standard, unless the order violates statutory or constitutional commands.’ Sylla

2019Constitutional Proportionality of Recidivist Life Sentence The petitioner's second assigned error centers upon whether his life sentence with mercy, which was imposed by the circuit court in accordance with West Virginia Code § 61-11-18(c), violates the proportionality clause of the West Virginia Constitution. 7 Our review of this issue is in accordance with the following standards of review: " 'The Supreme Court of Appeals reviews sentencing orders ... under a deferential abuse of discretion standard, unless the order violates statutory or constitutional commands.' Syllabus point 1, in part,

2019Va. 307 , 685 S.E.2d 701 (2009) (“‘Sentences imposed by the trial court, if within statutory limits and if 1 Had there not been an express waiver in this case, then this Court could have properly resolved the merits of the petitioner’s proportionality challenge.

2019Va. 271 , 496 S.E.2d 221 (1997)." Syllabus Point 1, State v. Booth , 224 W.

1997We have previously held: *513 “ ‘Article III, Section 5 of the West Virginia Constitution, which contains the cruel and unusual punishment counterpart to the Eighth Amendment of the United States Constitution, has an express statement of the proportionality principle: “Penalties shall be proportioned to the character and degree of the offence.” ’ Syllabus Point 8, State v. Vance, 164 W.Va. 216 , 262 S.E.2d 423 (1980).” Syllabus Point 1, State v. Houston, 166 W.Va. 202 , 273 S.E.2d 375 (1980).

1997We have previously held: *513 “ ‘Article III, Section 5 of the West Virginia Constitution, which contains the cruel and unusual punishment counterpart to the Eighth Amendment of the United States Constitution, has an express statement of the proportionality principle: “Penalties shall be proportioned to the character and degree of the offence.” ’ Syllabus Point 8, State v. Vance, 164 W.Va. 216 , 262 S.E.2d 423 (1980).” Syllabus Point 1, State v. Houston, 166 W.Va. 202 , 273 S.E.2d 375 (1980).

2021In Housden, the Court was clear that the imposition of a life recidivist sentence for burglary and grand larceny does “not violate the proportionality doctrine nor [does] it constitute cruel and unusual punishment as prohibited by the West Virginia Constitution and the United States Constitution.” 184 W.

2018This Court has also explained that there are “specific guidelines for analyzing a life recidivist sentence under the proportionality doctrine. . . . [S]uch a punishment ‘must be viewed from two distinct vantage points: first, the nature of the third offense and, second, the nature of the other convictions that support the recidivist sentence.’” Id. at 174 , 399 S.E.2d at 885 (quoting Wanstreet v. Bordenkircher, 166 W.Va. 523, 533-34 , 276 S.E.2d 205, 212 (1981)).

2019Va. 701 , 391 S.E.2d 614 (1990), where a defendant argued in a habeas proceeding that his life sentence imposed under the recidivist statute violated the proportionality clause.

2019Va. 701 , 391 S.E.2d 614 (1990), and State v. Deal, supra , found that the recidivist life sentence imposed in the case at bar violates the proportionality clause of the West Virginia Constitution.

1981The Court held the life sentence to be disproportionate under the Eighth Amendment. 7 Martin’s focus on the violent nature of the crime was a theme emphasized in Hart v. Coiner and applied in Griffin v. Warden, 517 F.2d 756 (4th Cir. 1975), cert. denied, 423 U.S. 990 , 46 L.Ed.2d 308 , 96 S.Ct. 402 , where the Court declined to apply the proportionality principle to reverse a life recidivist conviction based on a grand larceny, a prior breaking and entering, and a burglary. 8 ABA Standards Relating to Appellate Review of Sentences (Approved Draft 1968); Hennessey, Disparity in Sentencing, 3 Ne

1981The Court held the life sentence to be disproportionate under the Eighth Amendment. [7] Martin's focus on the violent nature of the crime was a theme emphasized in Hart v. Coiner and applied in Griffin v. Warden, 517 F.2d 756 (4th Cir. 1975), cert. denied, 423 U.S. 990 , 96 S.Ct. 402 , 46 L.Ed.2d 308 , where the Court declined to apply the proportionality principle to reverse a life recidivist conviction based on a grand larceny, a prior breaking and entering, and a burglary. [8] ABA Standards Relating to Appellate Review of Sentences (Approved Draft 1968); Hennessey, Disparity in Sentencing,

1981The Court held the life sentence to be disproportionate under the Eighth Amendment. 7 Martin’s focus on the violent nature of the crime was a theme emphasized in Hart v. Coiner and applied in Griffin v. Warden, 517 F.2d 756 (4th Cir. 1975), cert. denied, 423 U.S. 990 , 46 L.Ed.2d 308 , 96 S.Ct. 402 , where the Court declined to apply the proportionality principle to reverse a life recidivist conviction based on a grand larceny, a prior breaking and entering, and a burglary. 8 ABA Standards Relating to Appellate Review of Sentences (Approved Draft 1968); Hennessey, Disparity in Sentencing, 3 Ne

1981The Court held the life sentence to be disproportionate under the Eighth Amendment. [7] Martin's focus on the violent nature of the crime was a theme emphasized in Hart v. Coiner and applied in Griffin v. Warden, 517 F.2d 756 (4th Cir. 1975), cert. denied, 423 U.S. 990 , 96 S.Ct. 402 , 46 L.Ed.2d 308 , where the Court declined to apply the proportionality principle to reverse a life recidivist conviction based on a grand larceny, a prior breaking and entering, and a burglary. [8] ABA Standards Relating to Appellate Review of Sentences (Approved Draft 1968); Hennessey, Disparity in Sentencing,

1981The Court held the life sentence to be disproportionate under the Eighth Amendment. 7 Martin’s focus on the violent nature of the crime was a theme emphasized in Hart v. Coiner and applied in Griffin v. Warden, 517 F.2d 756 (4th Cir. 1975), cert. denied, 423 U.S. 990 , 46 L.Ed.2d 308 , 96 S.Ct. 402 , where the Court declined to apply the proportionality principle to reverse a life recidivist conviction based on a grand larceny, a prior breaking and entering, and a burglary. 8 ABA Standards Relating to Appellate Review of Sentences (Approved Draft 1968); Hennessey, Disparity in Sentencing, 3 Ne

1981The Court held the life sentence to be disproportionate under the Eighth Amendment. [7] Martin's focus on the violent nature of the crime was a theme emphasized in Hart v. Coiner and applied in Griffin v. Warden, 517 F.2d 756 (4th Cir. 1975), cert. denied, 423 U.S. 990 , 96 S.Ct. 402 , 46 L.Ed.2d 308 , where the Court declined to apply the proportionality principle to reverse a life recidivist conviction based on a grand larceny, a prior breaking and entering, and a burglary. [8] ABA Standards Relating to Appellate Review of Sentences (Approved Draft 1968); Hennessey, Disparity in Sentencing,

1985In syllabus point 8 of State v. Vance, 164 W.Va. 216 , 262 S.E.2d 423 (1980), the Court recognized that sentences imposed for crimes should be proportioned to the character and degree of the offense: Article III, Section 5 of the West Virginia Constitution, which contains the cruel and unusual punishment counterpart to the Eighth Amendment of the United States Constitution, has an express statement of the proportionality principle: “Penalties shall be proportioned to the character and degree of the offense.” In the later cases of State v. Cooper, 172 W.Va. 266 , 304 S.E.2d 851 (1983), and Stat

1985In syllabus point 8 of State v. Vance, 164 W.Va. 216 , 262 S.E.2d 423 (1980), the Court recognized that sentences imposed for crimes should be proportioned to the character and degree of the offense: Article III, Section 5 of the West Virginia Constitution, which contains the cruel and unusual punishment counterpart to the Eighth Amendment of the United States Constitution, has an express statement of the proportionality principle: “Penalties shall be proportioned to the character and degree of the offense.” In the later cases of State v. Cooper, 172 W.Va. 266 , 304 S.E.2d 851 (1983), and Stat

1983The proportionality principle is also found in the Eighth Amendment to our federal constitution, Coker v. Georgia, 433 U.S. 584 , 97 S.Ct. 2861 , 53 L.Ed.2d 982 (1977); Weems v. United States, 217 U.S. 349 , 30 S.Ct. 544 , 54 L.Ed. 793 (1910), what little of it remains after Hutto v. Davis, 454 U.S. 370 , 102 S.Ct. 703 , 70 L.Ed.2d 556 (1982), reh. denied, 455 U.S. 1038 , 102 S.Ct. 1742 , 72 L.Ed.2d 156 , and Rummel v. Estelle, 445 U.S. 263 , 100 S.Ct. 1133 , 63 L.Ed.2d 382 (1980).

1983The proportionality principle is also found in the Eighth Amendment to our federal constitution, Coker v. Georgia, 433 U.S. 584 , 97 S.Ct. 2861 , 53 L.Ed.2d 982 (1977); Weems v. United States, 217 U.S. 349 , 30 S.Ct. 544 , 54 L.Ed. 793 (1910), what little of it remains after Hutto v. Davis, 454 U.S. 370 , 102 S.Ct. 703 , 70 L.Ed.2d 556 (1982), reh. denied, 455 U.S. 1038 , 102 S.Ct. 1742 , 72 L.Ed.2d 156 , and Rummel v. Estelle, 445 U.S. 263 , 100 S.Ct. 1133 , 63 L.Ed.2d 382 (1980).

1983The proportionality principle is also found in the Eighth Amendment to our federal constitution, Coker v. Georgia, 433 U.S. 584 , 97 S.Ct. 2861 , 53 L.Ed.2d 982 (1977); Weems v. United States, 217 U.S. 349 , 30 S.Ct. 544 , 54 L.Ed. 793 (1910), what little of it remains after Hutto v. Davis, 454 U.S. 370 , 102 S.Ct. 703 , 70 L.Ed.2d 556 (1982), reh. denied, 455 U.S. 1038 , 102 S.Ct. 1742 , 72 L.Ed.2d 156 , and Rummel v. Estelle, 445 U.S. 263 , 100 S.Ct. 1133 , 63 L.Ed.2d 382 (1980).

1983The proportionality principle is also found in the Eighth Amendment to our federal constitution, Coker v. Georgia, 433 U.S. 584 , 97 S.Ct. 2861 , 53 L.Ed.2d 982 (1977); Weems v. United States, 217 U.S. 349 , 30 S.Ct. 544 , 54 L.Ed. 793 (1910), what little of it remains after Hutto v. Davis, 454 U.S. 370 , 102 S.Ct. 703 , 70 L.Ed.2d 556 (1982), reh. denied, 455 U.S. 1038 , 102 S.Ct. 1742 , 72 L.Ed.2d 156 , and Rummel v. Estelle, 445 U.S. 263 , 100 S.Ct. 1133 , 63 L.Ed.2d 382 (1980).

1981In effect, Rummel refused to follow proportionality principles set down in Hart v. Coiner, 483 F.2d 136 (4th Cir. 1973). [6] Prior to Rummel , we had acknowledged in Martin v. Leverette, W.Va., 244 S.E.2d 39, 43 (1978), the proportionality principle established in Hart.

1980We also set out in Martin the functional criteria devised in Hart v. Coiner to determine how, in a given case, the doctrine should be applied: “(1) [T]he nature of the offense; (2) the legislative purpose behind the punishment; (3) a comparison of the punishment with what would be inflicted in other jurisdictions; and (4) a comparison of punishment with other related offenses within the same jurisdiction. 483 F.2d at 140-142 .” [_ W.Va. at _, 244 S.E.2d at 43] A number of courts have recognized the general doctrine announced in Hart v. Coiner, that a criminal sentence may be so long as to viol

2017Pt. 7, State v. Beck, 167 W.Va. 830 , 286 S.E.2d 234 (1981) (emphasis added). 11 Id. at 832 , 286 S.E.2d at 237 . 12 Id. at 846 , 286 S.E.2d at 244 . 13 166 W.Va. 523 , 276 S.E.2d 205 . 14 Id. at 525, 276 S.E.2d at 207 . 6 felony convictions analyzed in that case were forgery of an $18.62 check and arson of a barn.15 We concluded that the recidivist life sentence violated proportionality based on the nonviolent nature of the predicate felony of forgery and “the similar nature of the two previous crimes” of forgery and arson of a barn.16 In Wanstreet, we emphasized that ignoring the gravity of

2017Pt. 7, State v. Beck, 167 W.Va. 830 , 286 S.E.2d 234 (1981) (emphasis added). 11 Id. at 832 , 286 S.E.2d at 237 . 12 Id. at 846 , 286 S.E.2d at 244 . 13 166 W.Va. 523 , 276 S.E.2d 205 . 14 Id. at 525, 276 S.E.2d at 207 . 6 felony convictions analyzed in that case were forgery of an $18.62 check and arson of a barn.15 We concluded that the recidivist life sentence violated proportionality based on the nonviolent nature of the predicate felony of forgery and “the similar nature of the two previous crimes” of forgery and arson of a barn.16 In Wanstreet, we emphasized that ignoring the gravity of

2013Pt. 2, State v. Lewis, 191 W.Va. 635 , 447 S.E.2d 570 (1994): Article III, Section 5 of the West Virginia Constitution, which contains the cruel and unusual punishment counterpart to the Eighth Amendment of the United States Constitution, has an express statement of the proportionality principle: "Penalties shall be proportioned to the character and degree of the offense." Syl.

2013Pt. 2, State v. Lewis, 191 W.Va. 635 , 447 S.E.2d 570 (1994): Article III, Section 5 of the West Virginia Constitution, which contains the cruel and unusual punishment counterpart to the Eighth Amendment of the United States Constitution, has an express statement of the proportionality principle: "Penalties shall be proportioned to the character and degree of the offense." Syl.

1997Syl. pt. 8, State v. Buck, 170 W.Va. 428 , 294 S.E.2d 281 (1982).

1997Syl. pt. 8, State v. Buck, 170 W.Va. 428 , 294 S.E.2d 281 (1982).

1995When it cannot be said that a sentence shocks the conscience, a dispro-portionality challenge is guided by the objective test we spelled out in Syllabus Point 5 of Wanstreet v. Bordenkircher, 166 W.Va. 523 , 276 S.E.2d 205 (1981): ‘In determining whether a given sentence violates the proportionality principle found in Article III, Section 5 of the West Virginia Constitution, consideration is given to the nature of the offense, the legislative purpose behind the punishment, a comparison of the punishment with what would be inflicted in other jurisdictions, and a comparison with other offenses w

1995When it cannot be said that a sentence shocks the conscience, a dispro-portionality challenge is guided by the objective test we spelled out in Syllabus Point 5 of Wanstreet v. Bordenkircher, 166 W.Va. 523 , 276 S.E.2d 205 (1981): ‘In determining whether a given sentence violates the proportionality principle found in Article III, Section 5 of the West Virginia Constitution, consideration is given to the nature of the offense, the legislative purpose behind the punishment, a comparison of the punishment with what would be inflicted in other jurisdictions, and a comparison with other offenses w