proportionality analysis (Missouri) · Go Syfert
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proportionality analysis in Missouri

12 Missouri opinions name it 2 courts 1985–2018 0 in the last five years

The cases below were cited by Missouri 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 (2)

CaseFollowedCited
State v. Hallgreen
moctapp · 2001 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010However, before the proportionality rule will be considered, one must first demonstrate that a fine or penalty, in relation to the illegal act, is “grossly disproportionate.” State v. Hall, 56 S.W.3d 475, 481 (Mo.App.

11
State v. Mercergreen
mo · 1981 · cited in 1 Missouri opinions naming this issue, 2010–2010
2 sentences

2010The first capital murder case in which this Court applied the proportionality analysis required by the Missouri legislature was State v. Mercer, 618 S.W.2d 1 (Mo. banc 1981).

2010This assistant was directed to "provide the court with whatever extracted information the court desires with respect thereto." Id. *556 The first capital murder case in which this Court applied the proportionality analysis required by the Missouri legislature was State v. Mercer, 618 S.W.2d 1 (Mo. banc 1981).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Solem v. Helm red
scotus · 1983
2 sentences

2005In Solem , the Court held that “a court’s proportionality analysis under the Eighth Amendment should be guided by objective criteria, including (i) the gravity of the offense and the harshness of the penalty; (ii) the sentences imposed on other criminals in the same jurisdiction; and (iii) the sentences imposed for the commission of the same crime in other jurisdictions.” Solem, 463 U.S. at 292 , 103 S.Ct. 3001 .

2005In Solem , the Court held that “a court’s proportionality analysis under the Eighth Amendment should be guided by objective criteria, including (i) the gravity of the offense and the harshness of the penalty; (ii) the sentences imposed on other criminals in the same jurisdiction; and (iii) the sentences imposed for the commission of the same crime in other jurisdictions.” Solem, 463 U.S. at 292 , 103 S.Ct. 3001 .

61987–2015
Harmelin v. Michigan green
scotus · 1991
2 sentences

2018The first type of challenge is an individualized review that "compar[es] the gravity of the offense and the severity of the sentence." Id. (citing Harmelin v. Michigan, 501 U.S. 957 , 1005, 111 S.Ct. 2680 , 115 L.Ed.2d 836 (1991) ).

2018The first type of challenge is an individualized review that "compar[es] the gravity of the offense and the severity of the sentence." Id. (citing Harmelin v. Michigan, 501 U.S. 957 , 1005, 111 S.Ct. 2680 , 115 L.Ed.2d 836 (1991) ).

22005–2018
Graham v. Florida green
scotus · 2010
2 sentences

2018The United States Supreme Court classifies its Eighth Amendment precedent into "two general classifications": "challenges to the length of term-of-years sentences given all the circumstances in a particular case ... [and challenges to] the proportionality standard ... [involving] the death penalty." Graham v. Florida, 560 U.S. 48 , 59, 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010).

2018The United States Supreme Court classifies its Eighth Amendment precedent into "two general classifications": "challenges to the length of term-of-years sentences given all the circumstances in a particular case ... [and challenges to] the proportionality standard ... [involving] the death penalty." Graham v. Florida, 560 U.S. 48 , 59, 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010).

12018–2018
City of Los Angeles v. Alameda Books, Inc. green
scotus · 2002
2 sentences

2011The trial court did not err in granting judgment on the pleadings as to the alcohol and hours-of-operation restrictions. k- Proportionality Test Finally, the businesses argue that even if the government met its evidentiary burden under Renton and Alameda Books , the Act is nevertheless unconstitutional under the proportionality test established by Justice Kennedy’s controlling concurrence in Alameda Books . 13 The proportionality test arose from Justice Kennedy’s concern that the plurality’s analysis in Alameda Books did “not address how speech will fare under the [statute].” 535 U.S. at 449-5

2011The trial court did not err in granting judgment on the pleadings as to the alcohol and hours-of-operation restrictions. k- Proportionality Test Finally, the businesses argue that even if the government met its evidentiary burden under Renton and Alameda Books , the Act is nevertheless unconstitutional under the proportionality test established by Justice Kennedy’s controlling concurrence in Alameda Books . 13 The proportionality test arose from Justice Kennedy’s concern that the plurality’s analysis in Alameda Books did “not address how speech will fare under the [statute].” 535 U.S. at 449-5

12011–2011
Ewing v. California green
scotus · 2003
2 sentences

2005The intraju-risdictional and interjurisdictional analyses in the second and third factors, however, need only be undertaken “in the rare case in which a threshold comparison of the crime committed and the sentence imposed leads to an inference of gross dispropor-tionality.” Harmelin v. Michigan, 501 U.S. 957, 1005 , 111 S.Ct. 2680 , 115 L.Ed.2d 836 (1991) (Kennedy, J., concurring in part and concurring in judgment); Ewing v. California, 538 U.S. 11, 23-24 , 123 S.Ct. 1179 , 155 L.Edüd 108 (2003) (plurality opinion).

2005The intraju-risdictional and interjurisdictional analyses in the second and third factors, however, need only be undertaken “in the rare case in which a threshold comparison of the crime committed and the sentence imposed leads to an inference of gross dispropor-tionality.” Harmelin v. Michigan, 501 U.S. 957, 1005 , 111 S.Ct. 2680 , 115 L.Ed.2d 836 (1991) (Kennedy, J., concurring in part and concurring in judgment); Ewing v. California, 538 U.S. 11, 23-24 , 123 S.Ct. 1179 , 155 L.Edüd 108 (2003) (plurality opinion).

12005–2005
State v. Laws green
mo · 1983
2 sentences

1992State v. Laws, 661 S.W.2d 526 (Mo. banc 1983), cert. denied, 467 U.S. 1210 , 104 S.Ct. 2401 , 81 L.Ed.2d 357 (1984), is not pertinent authority for the proportionality analysis in this case.

1992State v. Laws, 661 S.W.2d 526 (Mo. banc 1983), cert. denied, 467 U.S. 1210 , 104 S.Ct. 2401 , 81 L.Ed.2d 357 (1984), is not pertinent authority for the proportionality analysis in this case.

11992–1992
Carter v. City of Birmingham green
scotus · 1984
2 sentences

1992State v. Laws, 661 S.W.2d 526 (Mo. banc 1983), cert. denied, 467 U.S. 1210 , 104 S.Ct. 2401 , 81 L.Ed.2d 357 (1984), is not pertinent authority for the proportionality analysis in this case.

1992State v. Laws, 661 S.W.2d 526 (Mo. banc 1983), cert. denied, 467 U.S. 1210 , 104 S.Ct. 2401 , 81 L.Ed.2d 357 (1984), is not pertinent authority for the proportionality analysis in this case.

11992–1992
State v. Bolder green
mo · 1982
2 sentences

1985State v. Bolder, 635 S.W.2d 673 (Mo. banc 1982).

1985State v. Bolder, 635 S.W.2d 673 (Mo. banc 1982).

11985–1985

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 558.016 (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

TX 272 (1980–2026) MI 214 (1986–2026) WV 150 (1980–2026) CA 144 (1983–2026) MS 108 (1984–2026) IL 107 (1983–2026) OH 85 (1986–2026) OR 72 (1980–2026) FL 67 (1993–2025) TN 62 (1986–2022) CO 41 (1981–2026) PA 38 (1992–2026) WA 37 (1980–2026) ID 33 (1982–2023) AZ 33 (1982–2026) IN 32 (1984–2020) AL 28 (1982–2024) SD 23 (1985–2024) MD 22 (1985–2026) DE 18 (1988–2026) KS 17 (1986–2020) IA 17 (1984–2023) UT 16 (1996–2024) WY 14 (1983–2026) MA 13 (1979–2024) NC 13 (1983–2025) MO 12 (1985–2018) VA 11 (1979–2023) WI 10 (1988–2026) NJ 10 (1995–2023) GA 10 (1994–2023) ME 9 (1991–2026) LA 9 (1983–2017) MN 7 (2001–2018) NE 6 (1991–2022) NM 5 (1988–2019) DC 4 (1993–2007) OK 4 (1994–2006) NH 4 (1977–2013) RI 4 (2004–2013) ND 4 (1997–2025) CT 3 (2016–2025) NY 3 (1994–2005) AK 3 (2022–2025) NV 3 (1991–2020) KY 3 (2004–2020) VT 2 (1995–2018) SC 2 (2000–2013)

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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