Eighth Amendment analysis in Louisiana

13 Louisiana opinions name it 2 courts 1987–2025 2 in the last five years

The cases below were cited by Louisiana 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 (11)

Case	Followed	Cited
Miller v. Alabamagreen scotus · 2012 · cited in 1 Louisiana opinions naming this issue, 2025–2025 2 sentences 2025See Miller v. Alabama, 567 U.S. 460, 474 ; 132 S.Ct. 2455, 2466 ; 183 L.Ed.2d 407 (2012); Graham v. Florida, 560 U.S. 48 ; 130 S.Ct. 2011 , 2026; 176 L.Ed.2d 825 (2010), as modified (July 6, 2010). 2025See Miller v. Alabama, 567 U.S. 460, 474 ; 132 S.Ct. 2455, 2466 ; 183 L.Ed.2d 407 (2012); Graham v. Florida, 560 U.S. 48 ; 130 S.Ct. 2011 , 2026; 176 L.Ed.2d 825 (2010), as modified (July 6, 2010).	1	1
City of Grants Pass v. Johnsongreen scotus · 2024 · cited in 1 Louisiana opinions naming this issue, 2025–2025 1 sentence 2025See 34 U.S.C.A. § 20927 (a). 4 Eighth Amendment Claim The threshold question for D.D.’s Eighth Amendment claim is whether the Act’s registration requirement is “punishment.” “The Cruel and Unusual Punishments Clause focuses on . . . what method or kind of punishment a government may impose after a criminal conviction.” City of Grants Pass, Oregon v. Johnson, 603 U.S. 520, 542 ; 144 S.Ct. 2202 , 2216; 219 L.Ed.2d 941 (2024) (internal quotation marks omitted).	1	1
Martez Brown v. State of Indianagreen ind · 2014 · cited in 1 Louisiana opinions naming this issue, 2016–2016 2 sentences 2016Henry v. State, 175 So.3d 675, 680 (Fla.2015) (defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual punishment is implicated.”); see also Casiano v. Comm’r of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1045-47 (2015), cert. denied sub nom., Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (focus of Graham and Miller is "not on the label of a ‘life sentence’ ” but rather whether a juvenile offender will be impr 2016Henry v. State, 175 So.3d 675, 680 (Fla.2015) (defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual punishment is implicated.”); see also Casiano v. Comm’r of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1045-47 (2015), cert. denied sub nom., Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (focus of Graham and Miller is "not on the label of a ‘life sentence’ ” but rather whether a juvenile offender will be impr	1	1
Jacob Fuller v.State of Indianagreen ind · 2014 · cited in 1 Louisiana opinions naming this issue, 2016–2016 2 sentences 2016Henry v. State, 175 So.3d 675, 680 (Fla.2015) (defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual punishment is implicated.”); see also Casiano v. Comm’r of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1045-47 (2015), cert. denied sub nom., Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (focus of Graham and Miller is "not on the label of a ‘life sentence’ ” but rather whether a juvenile offender will be impr 2016Henry v. State, 175 So.3d 675, 680 (Fla.2015) (defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual punishment is implicated.”); see also Casiano v. Comm’r of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1045-47 (2015), cert. denied sub nom., Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (focus of Graham and Miller is "not on the label of a ‘life sentence’ ” but rather whether a juvenile offender will be impr	1	1
Initiative v. King Cnty.green · 2016 · cited in 1 Louisiana opinions naming this issue, 2016–2016 2 sentences 2016Henry v. State, 175 So.3d 675, 680 (Fla.2015) (defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual punishment is implicated.”); see also Casiano v. Comm’r of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1045-47 (2015), cert. denied sub nom., Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (focus of Graham and Miller is "not on the label of a ‘life sentence’ ” but rather whether a juvenile offender will be impr 2016Henry v. State, 175 So.3d 675, 680 (Fla.2015) (defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual punishment is implicated.”); see also Casiano v. Comm’r of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1045-47 (2015), cert. denied sub nom., Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (focus of Graham and Miller is "not on the label of a ‘life sentence’ ” but rather whether a juvenile offender will be impr	1	1
Semple v. Casianogreen scotus · 2016 · cited in 1 Louisiana opinions naming this issue, 2016–2016 2 sentences 2016Henry v. State, 175 So.3d 675, 680 (Fla.2015) (defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual punishment is implicated.”); see also Casiano v. Comm’r of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1045-47 (2015), cert. denied sub nom., Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (focus of Graham and Miller is "not on the label of a ‘life sentence’ ” but rather whether a juvenile offender will be impr 2016Henry v. State, 175 So.3d 675, 680 (Fla.2015) (defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual punishment is implicated.”); see also Casiano v. Comm’r of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1045-47 (2015), cert. denied sub nom., Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (focus of Graham and Miller is "not on the label of a ‘life sentence’ ” but rather whether a juvenile offender will be impr	1	1
Wyatt L. Bear Cloudgreen wyo · 2014 · cited in 1 Louisiana opinions naming this issue, 2016–2016 2 sentences 2016Henry v. State, 175 So.3d 675, 680 (Fla.2015) (defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual punishment is implicated.”); see also Casiano v. Comm’r of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1045-47 (2015), cert. denied sub nom., Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (focus of Graham and Miller is "not on the label of a ‘life sentence’ ” but rather whether a juvenile offender will be impr 2016Henry v. State, 175 So.3d 675, 680 (Fla.2015) (defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual punishment is implicated.”); see also Casiano v. Comm’r of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1045-47 (2015), cert. denied sub nom., Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (focus of Graham and Miller is "not on the label of a ‘life sentence’ ” but rather whether a juvenile offender will be impr	1	1
Leighdon Henry v. State of Floridagreen fla · 2015 · cited in 1 Louisiana opinions naming this issue, 2016–2016 2 sentences 2016Henry v. State, 175 So.3d 675, 680 (Fla.2015) (defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual punishment is implicated.”); see also Casiano v. Comm’r of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1045-47 (2015), cert. denied sub nom., Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (focus of Graham and Miller is "not on the label of a ‘life sentence’ ” but rather whether a juvenile offender will be impr 2016Henry v. State, 175 So.3d 675, 680 (Fla.2015) (defendant sentenced for multiple offenses; ”[T]he specific sentence that a juvenile nonhomicide offender receives for committing a given offense is not dispositive as to whether the prohibition against cruel and unusual punishment is implicated.”); see also Casiano v. Comm’r of Correction, 317 Conn. 52 , 115 A.3d 1031 , 1045-47 (2015), cert. denied sub nom., Semple v. Casiano, — U.S. —, 136 S.Ct. 1364 , 194 L.Ed.2d 376 (2016) (focus of Graham and Miller is "not on the label of a ‘life sentence’ ” but rather whether a juvenile offender will be impr	1	1
State v. Mooregreen neb · 1999 · cited in 1 Louisiana opinions naming this issue, 2011–2011 2 sentences 2011State v. Moore, 256 Neb. 553 , 591 N.W.2d 86, 93 (1999), cert. denied, 528 U.S. 990 , 120 S.Ct. 459 , 145 L.Ed.2d 370 (1999) (collecting cases). 2011State v. Moore, 256 Neb. 553 , 591 N.W.2d 86, 93 (1999), cert. denied, 528 U.S. 990 , 120 S.Ct. 459 , 145 L.Ed.2d 370 (1999) (collecting cases).	1	1
Whitmore Ex Rel. Simmons v. Arkansasgreen scotus · 1990 · cited in 1 Louisiana opinions naming this issue, 2009–2009 2 sentences 2009See Whitmore, 495 U.S. at 155 , 110 S.Ct. at 1723 (“Our threshold inquiry into standing in no way depends on the merits of the [petitioner’s] contention that a particular conduct is illegal, and we 849 thus put aside for now Whitmore’s Eighth Amendment challenge ... .”)(internal quotation marks and citation omitted). 2009See Whitmore, 495 U.S. at 155 , 110 S.Ct. at 1723 (“Our threshold inquiry into standing in no way depends on the merits of the [petitioner’s] contention that a particular conduct is illegal, and we 849 thus put aside for now Whitmore’s Eighth Amendment challenge ... .”)(internal quotation marks and citation omitted).	1	1
Roper v. Simmonsgreen scotus · 2005 · cited in 1 Louisiana opinions naming this issue, 2007–2007 2 sentences 2007In considering defendant's argument, we must address the question in the context of the Eighth Amendment analysis recently refined by the United States Supreme Court in the watershed decisions of Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002)(exempting mentally retarded persons from capital punishment) and Roper v. Simmons, 543 U.S. 551 , 125 S.Ct. 1183 , 161 L.Ed. 1 (2005) (exempting from capital punishment all defendants under the age of 18 years at the time of commission of a capital crime). 2007In considering defendant's argument, we must address the question in the context of the Eighth Amendment analysis recently refined by the United States Supreme Court in the watershed decisions of Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002)(exempting mentally retarded persons from capital punishment) and Roper v. Simmons, 543 U.S. 551 , 125 S.Ct. 1183 , 161 L.Ed. 1 (2005) (exempting from capital punishment all defendants under the age of 18 years at the time of commission of a capital crime).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
Robinson v. California green scotus · 1962 2 sentences 2007Robinson v. California, 370 U.S. 660 , 82 S.Ct. 1417 , 8 L.Ed.2d 758 (1962). 2007Robinson v. California, 370 U.S. 660 , 82 S.Ct. 1417 , 8 L.Ed.2d 758 (1962).	4	1999–2007
Graham v. Florida green scotus · 2010 2 sentences 2025See Miller v. Alabama, 567 U.S. 460, 474 ; 132 S.Ct. 2455, 2466 ; 183 L.Ed.2d 407 (2012); Graham v. Florida, 560 U.S. 48 ; 130 S.Ct. 2011 , 2026; 176 L.Ed.2d 825 (2010), as modified (July 6, 2010). 2025See Miller v. Alabama, 567 U.S. 460, 474 ; 132 S.Ct. 2455, 2466 ; 183 L.Ed.2d 407 (2012); Graham v. Florida, 560 U.S. 48 ; 130 S.Ct. 2011 , 2026; 176 L.Ed.2d 825 (2010), as modified (July 6, 2010).	1	2025–2025
Ingraham v. Wright green scotus · 1977 2 sentences 2025The Eighth Amendment “limits the kinds of punishment that can be imposed on those convicted of crimes.” Ingraham v. Wright, 430 U.S. 651, 667 ; 97 S.Ct. 1401, 1410 ; 51 L.Ed.2d 711 (1977). 2025The Eighth Amendment “limits the kinds of punishment that can be imposed on those convicted of crimes.” Ingraham v. Wright, 430 U.S. 651, 667 ; 97 S.Ct. 1401, 1410 ; 51 L.Ed.2d 711 (1977).	1	2025–2025
Apprendi v. New Jersey green scotus · 2000 2 sentences 2022R.S. 15:574.4(D).” 7 Apprendi v. New Jersey, 530 U.S. 466 , 120 S. Ct. 2348 , 147 L. 2022R.S. 15:574.4(D).” 7 Apprendi v. New Jersey, 530 U.S. 466 , 120 S. Ct. 2348 , 147 L.	1	2022–2022
State v. Barrett green lactapp · 2018 2 sentences 2022App. 2 Cir. 4/11/18), 247 So. 3d 164 , writ denied, 18-0744 (La. 2/18/19), 265 So. 3d 770 , this Court stated that for an Eighth Amendment violation under Miller, supra, “the appropriate remedy for the defendant’s sentence of life imprisonment is to modify the life sentence to make the defendant eligible for parole consideration under the criteria set forth in La. 2022App. 2 Cir. 4/11/18), 247 So. 3d 164 , writ denied, 18-0744 (La. 2/18/19), 265 So. 3d 770 , this Court stated that for an Eighth Amendment violation under Miller, supra, “the appropriate remedy for the defendant’s sentence of life imprisonment is to modify the life sentence to make the defendant eligible for parole consideration under the criteria set forth in La.	1	2022–2022
State v. Wilson neutral la · 2019 2 sentences 2022App. 2 Cir. 4/11/18), 247 So. 3d 164 , writ denied, 18-0744 (La. 2/18/19), 265 So. 3d 770 , this Court stated that for an Eighth Amendment violation under Miller, supra, “the appropriate remedy for the defendant’s sentence of life imprisonment is to modify the life sentence to make the defendant eligible for parole consideration under the criteria set forth in La. 2022App. 2 Cir. 4/11/18), 247 So. 3d 164 , writ denied, 18-0744 (La. 2/18/19), 265 So. 3d 770 , this Court stated that for an Eighth Amendment violation under Miller, supra, “the appropriate remedy for the defendant’s sentence of life imprisonment is to modify the life sentence to make the defendant eligible for parole consideration under the criteria set forth in La.	1	2022–2022
In re Disbarment of Wechsler green scotus · 1999 2 sentences 2011State v. Moore, 256 Neb. 553 , 591 N.W.2d 86, 93 (1999), cert. denied, 528 U.S. 990 , 120 S.Ct. 459 , 145 L.Ed.2d 370 (1999) (collecting cases). 2011State v. Moore, 256 Neb. 553 , 591 N.W.2d 86, 93 (1999), cert. denied, 528 U.S. 990 , 120 S.Ct. 459 , 145 L.Ed.2d 370 (1999) (collecting cases).	1	2011–2011
Lee v. United States green scotus · 1999 2 sentences 2011State v. Moore, 256 Neb. 553 , 591 N.W.2d 86, 93 (1999), cert. denied, 528 U.S. 990 , 120 S.Ct. 459 , 145 L.Ed.2d 370 (1999) (collecting cases). 2011State v. Moore, 256 Neb. 553 , 591 N.W.2d 86, 93 (1999), cert. denied, 528 U.S. 990 , 120 S.Ct. 459 , 145 L.Ed.2d 370 (1999) (collecting cases).	1	2011–2011
Knight v. Florida green scotus · 1999 2 sentences 2011State v. Moore, 256 Neb. 553 , 591 N.W.2d 86, 93 (1999), cert. denied, 528 U.S. 990 , 120 S.Ct. 459 , 145 L.Ed.2d 370 (1999) (collecting cases). 2011State v. Moore, 256 Neb. 553 , 591 N.W.2d 86, 93 (1999), cert. denied, 528 U.S. 990 , 120 S.Ct. 459 , 145 L.Ed.2d 370 (1999) (collecting cases).	1	2011–2011
Atkins v. Virginia green scotus · 2002 2 sentences 2007In considering defendant's argument, we must address the question in the context of the Eighth Amendment analysis recently refined by the United States Supreme Court in the watershed decisions of Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002)(exempting mentally retarded persons from capital punishment) and Roper v. Simmons, 543 U.S. 551 , 125 S.Ct. 1183 , 161 L.Ed. 1 (2005) (exempting from capital punishment all defendants under the age of 18 years at the time of commission of a capital crime). 2007In considering defendant's argument, we must address the question in the context of the Eighth Amendment analysis recently refined by the United States Supreme Court in the watershed decisions of Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002)(exempting mentally retarded persons from capital punishment) and Roper v. Simmons, 543 U.S. 551 , 125 S.Ct. 1183 , 161 L.Ed. 1 (2005) (exempting from capital punishment all defendants under the age of 18 years at the time of commission of a capital crime).	1	2007–2007
Gregg v. Georgia green scotus · 1976 2 sentences 2007This Eighth Amendment framework was further defined in Gregg v. Georgia , which held that a punishment is excessive and 780 unconstitutional under the Eighth Amendment if it (1) makes no measurable contribution to acceptable goals of punishment and hence is nothing more that the purposeful and needless imposition of pain and suffering; or (2) is grossly out of proportion to the severity of the crime. 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976) (affirming the death sentence for first-degree murder). 2007This Eighth Amendment framework was further defined in Gregg v. Georgia , which held that a punishment is excessive and 780 unconstitutional under the Eighth Amendment if it (1) makes no measurable contribution to acceptable goals of punishment and hence is nothing more that the purposeful and needless imposition of pain and suffering; or (2) is grossly out of proportion to the severity of the crime. 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed.2d 859 (1976) (affirming the death sentence for first-degree murder).	1	2007–2007
Green v. Georgia green scotus · 1979 2 sentences 1998He cites Green v. Georgia, 442 U.S. 95 , 99 S.Ct. 2150 , 60 L.Ed.2d 738 (1979). 1998He cites Green v. Georgia, 442 U.S. 95 , 99 S.Ct. 2150 , 60 L.Ed.2d 738 (1979).	1	1998–1998
Penry v. Lynaugh red scotus · 1989 2 sentences 1996In Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989), the United States Supreme Court addressed the issue of whether it was cruel and unusual punishment to execute a defendant who had an IQ of between 50 and 63, which indicated mild to moderate retardation. 1996In Penry v. Lynaugh, 492 U.S. 302 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989), the United States Supreme Court addressed the issue of whether it was cruel and unusual punishment to execute a defendant who had an IQ of between 50 and 63, which indicated mild to moderate retardation.	1	1996–1996
Watson v. Fort Worth Bank & Trust green scotus · 1987 1 sentence 1987One of the issues raised by Watson’s application is essentially the same that the United States Supreme Court has granted certiorari to review in Lowenfield : “Whether the sentencing scheme by which petitioner faces death, based on a sole statutory aggravating circumstance that merely repeats an element of the crime, violates the Eighth Amendment requirement that sentencer discretion be directed and limited so as to minimize the risk of arbitrary and capricious execution?” Id.	1	1987–1987

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:2 (4) LA § La. Rev. Stat. § 14:42 (4) LA § La. Rev. Stat. § 15:529.1 (4) LA § La. Rev. Stat. § 15:567 (4) LA § La. Rev. Stat. § 14:64 (3) LA § La. Rev. Stat. § 40:967 (3)

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.

Where else courts name it

CA 305 (1983–2026) TX 222 (1988–2026) IL 124 (1981–2026) FL 85 (1981–2026) PA 80 (1985–2026) VA 62 (1983–2026) OH 48 (1999–2025) KS 43 (2001–2026) MS 42 (1986–2025) WA 37 (1983–2023) OR 35 (1992–2025) AZ 33 (1978–2024) TN 30 (1994–2022) MA 30 (1976–2026) CO 29 (1990–2026) MI 28 (1984–2025) IA 28 (1999–2022) ID 27 (1983–2024) SD 24 (1980–2024) AL 24 (1984–2026) NY 23 (1974–2026) OK 22 (1987–2020) MO 21 (1993–2023) IN 20 (1979–2024) NC 20 (1991–2025) NJ 20 (1983–2022) GA 18 (1992–2026) KY 17 (2003–2024) MD 17 (1972–2026) CT 17 (1995–2022) WI 14 (1994–2026) AR 14 (1996–2026) LA 13 (1987–2025) DE 13 (1988–2022) DC 13 (1975–2019) UT 13 (1995–2025) SC 12 (1991–2025) WY 12 (1986–2023) NE 11 (1999–2024) NM 9 (1991–2019) MN 8 (1976–2024) MT 8 (1996–2022) WV 7 (1994–2023) VT 6 (1998–2018) NV 6 (1979–2020) ND 6 (1992–2022) ME 5 (1987–2015) AK 4 (2010–2022) VI 3 (2003–2012) NH 3 (1980–2013) RI 3 (2004–2020)

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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