15 Pennsylvania opinions name it 1 courts 2017–2026 7 in the last five years
The cases below were cited by Pennsylvania 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 |
|---|---|---|
Commonwealth v. Lankfordgreen2 sentences2021Spells, supra at 462 (citing Solem v. Helm, 463 U.S. 277 , 292 (1983)). “[T]his Court is not obligated to reach the second and third prongs of the Spells test unless a threshold comparison of the crime committed and the sentence imposed leads to an inference of gross disproportionality.” Lankford, supra at 1252 (citing Spells, supra at 463 ). 2021Spells, supra at 462 (citing Solem v. Helm, 463 U.S. 277 , 292 (1983)). “[T]his Court is not obligated to reach the second and third prongs of the Spells test unless a threshold comparison of the crime committed and the sentence imposed leads to an inference of gross disproportionality.” Lankford, supra at 1252 (citing Spells, supra at 463 ). | 7 | 10 |
Commonwealth v. Spellsgreen2 sentences2026However, this Court is not obligated to reach the second and third prongs of the Spells test unless “a threshold comparison of the crime committed and the sentence imposed leads to an inference of gross disproportionality.” Spells, supra at 463 (citation omitted). 2026However, this Court is not obligated to reach the second and third prongs of the Spells test unless “a threshold comparison of the crime committed and the sentence imposed leads to an inference of gross disproportionality.” Spells, supra at 463 (citation omitted). | 5 | 6 |
Solem v. Helmred2 sentences2021Spells, supra at 462 (citing Solem v. Helm, 463 U.S. 277 , 292 (1983)). “[T]his Court is not obligated to reach the second and third prongs of the Spells test unless a threshold comparison of the crime committed and the sentence imposed leads to an inference of gross disproportionality.” Lankford, supra at 1252 (citing Spells, supra at 463 ). 2021Spells, supra at 462 (citing Solem v. Helm, 463 U.S. 277 , 292 (1983)). “[T]his Court is not obligated to reach the second and third prongs of the Spells test unless a threshold comparison of the crime committed and the sentence imposed leads to an inference of gross disproportionality.” Lankford, supra at 1252 (citing Spells, supra at 463 ). | 1 | 1 |
Com. v. Rosario, K.green2 sentences2021Commonwealth v. Rosario, 248 A.3d 599, 615 (Pa. Super. 2021). 2021Commonwealth v. Rosario, 248 A.3d 599, 615 (Pa. Super. 2021). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Harmelin v. Michigan
green
2 sentences2017Therefore, it is not necessary to proceed with ah analysis of the second and third prongs of the Spells test. 6 See Harmelin, 501 U.S. at 1005 , 111 S.Ct. 2680 (“The proper role for comparative analysis of sentences!, i.e., prongs two and three,] then, is to validate an initial judgment that a sentence is grossly disproportionate to a crime.”) (emphasis added). 2017Therefore, it is not necessary to proceed with ah analysis of the second and third prongs of the Spells test. 6 See Harmelin, 501 U.S. at 1005 , 111 S.Ct. 2680 (“The proper role for comparative analysis of sentences!, i.e., prongs two and three,] then, is to validate an initial judgment that a sentence is grossly disproportionate to a crime.”) (emphasis added). | 3 | 2017–2017 |
Trop v. Dulles
green
2 sentences2017Lankford relies on the second prong of the Spells test, arguing his mental illness warrants the court treat him as an individual with a "diminished capacity,” according to the evolving standards of decency referenced in Trop v. Dulles, 356 U.S. 86, 101 , 78 S.Ct. 590 , 2 L.Ed.2d 630 (1958). 2017Lankford relies on the second prong of the Spells test, arguing his mental illness warrants the court treat him as an individual with a "diminished capacity,” according to the evolving standards of decency referenced in Trop v. Dulles, 356 U.S. 86, 101 , 78 S.Ct. 590 , 2 L.Ed.2d 630 (1958). | 3 | 2017–2017 |
Commonwealth v. Baker
green
2 sentences2017Although there are three prongs to the test, this Court “is not obligated to reach the second and third prongs of the Spells test unless a threshold comparison of the crime committed and the sentence imposed leads to an interference of gross disproportionality.” Baker, 78 A.3d at 1047 . 2017Although there are three prongs to the test, this Court “is not obligated to reach the second and third prongs of the Spells test unless a threshold comparison of the crime committed and the sentence imposed leads to an interference of gross disproportionality.” Baker, 78 A.3d at 1047 . | 1 | 2017–2017 |
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.