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

79 Ohio opinions name it 2 courts 1986–2026 27 in the last five years

The cases below were cited by Ohio 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 (28)

CaseFollowedCited
State v. Johnsongreen
ohioctapp · 2023 · cited in 4 Ohio opinions naming this issue, 2023–2025
2 sentences

2024Plea and Sentencing, p. 26. {¶19} “A trial court's proportionality analysis ‘does not occur in a vacuum, but, instead, focuses upon the defendant's current conduct and whether this conduct, in conjunction with the defendant's past conduct, allows a finding that consecutive service 8 Case No. 2024-T-0034 is not disproportionate [to the danger the defendant poses to the public].’ (Citations omitted.) State v. Johnson, 2023-Ohio-2008, ¶ 35 (6th Dist.).” Campbell, 2023-Ohio-4597, at ¶ 15 (11th Dist.).

2023Thus, the record’s silence on this point is not dispositive. {¶ 25} A trial court’s proportionality analysis “does not occur in a vacuum, but, instead, focuses upon the defendant’s current conduct and whether this conduct, in conjunction with the defendant’s past conduct, allows a finding that consecutive service is not disproportionate [to the seriousness of the defendant’s conduct and to the danger the defendant poses to the public].” (Brackets sic and internal quotations omitted.) State v. Johnson, 2023-Ohio-2008 , --- N.E.3d ----, ¶ 35 (6th Dist.).

34
Solem v. Helmred
scotus · 1983 · cited in 11 Ohio opinions naming this issue, 1995–2022
2 sentences

2020“In an as-applied challenge, the challenger ‘contends that application of the statute in the particular context in which he has acted, or in which he proposes to act, [is] unconstitutional.’” (Alteration sic.) Id., quoting Ada v. Guam Soc. of Obstetricians & Gynecologists, 506 U.S. 1011 , 1011 (1992) (Scalia, J., dissenting). {¶20} In support of his assignment of error, Mr. McCormick relies upon the United States Supreme Court’s decision in Solem v. Helm, which stated that: a court’s proportionality analysis under the Eighth Amendment should be guided by objective criteria, including (i) the g

2012The United States Supreme Court has 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 commission of the same crime in other jurisdictions.” Solem v. Helm, 463 U.S. 277, 292 , 103 S.Ct. 3001 , 77 L.Ed.2d 637 (1983).

211
State v. Dixongreen
ohioctapp · 2018 · cited in 3 Ohio opinions naming this issue, 2019–2022
2 sentences

2022Franklin No. 17AP-884, 2018-Ohio-3759, ¶ 10 (finding the trial court engaged in a proportionality analysis even though it did not use the statutory language). {¶22} Additionally, the trial court did not specifically state that Smith’s “history of criminal conduct” demonstrates that consecutive sentences are necessary to protect the public from future crime by Smith.

2019No. 17AP-884, 2018-Ohio-3759, ¶ 10 (noting that when a court states "no single sentence can satisfy that course of conduct," the trial court has weighed the severity of consecutive sentences against the seriousness of the conduct, and this language thus "demonstrates that the trial court engaged in a proportionality analysis even though it did not use the statutory language"); State v. Nos. 18AP-935, 18AP-936, and 18AP-938 13 Cardwell, 10th Dist.

23
State v. Cozzonegreen
ohioctapp · 2018 · cited in 2 Ohio opinions naming this issue, 2025–2025
2 sentences

2025However, “[t]he trial court has no obligation . . . to engage in a ‘word- for-word recitation’ of the language in the statute or to set forth its reasons to support its findings, as long as they are discernible in the record.” (Citation omitted.) State v. Cozzone, 2018-Ohio-2249, ¶ 27 (11th Dist.). {¶27} This court, as well as other appellate districts, have found the proportionality requirement satisfied where the lower court did not specifically reference the danger the offender poses to the public but otherwise demonstrated that it considered proportionality 11 Case No. 2024-T-0091 through

2025However, “[t]he trial court has no obligation . . . to engage in a ‘word-for-word recitation’ of the language in the statute or to set forth its reasons to support its findings, as long as they are discernible in the record.” (Citation omitted.) State v. Cozzone, 2018-Ohio-2249, ¶ 27 (11th Dist.). {¶47} “This court . . . ha[s] found the proportionality requirement satisfied where the lower court did not specifically reference the danger the offender poses to the public but otherwise demonstrated that it considered proportionality through examination of facts PAGE 16 OF 22 Case No. 2024-T-0094

22
State v. Campbellgreen
ohioctapp · 2023 · cited in 2 Ohio opinions naming this issue, 2024–2025
2 sentences

2025However, “[t]he trial court has no obligation . . . to engage in a ‘word-for-word recitation’ of the language in the statute or to set forth its reasons to support its findings, as long as they are discernible in the record.” (Citation omitted.) State v. Cozzone, 2018-Ohio-2249, ¶ 27 (11th Dist.). {¶47} “This court . . . ha[s] found the proportionality requirement satisfied where the lower court did not specifically reference the danger the offender poses to the public but otherwise demonstrated that it considered proportionality through examination of facts PAGE 16 OF 22 Case No. 2024-T-0094

2024Plea and Sentencing, p. 26. {¶19} “A trial court's proportionality analysis ‘does not occur in a vacuum, but, instead, focuses upon the defendant's current conduct and whether this conduct, in conjunction with the defendant's past conduct, allows a finding that consecutive service 8 Case No. 2024-T-0034 is not disproportionate [to the danger the defendant poses to the public].’ (Citations omitted.) State v. Johnson, 2023-Ohio-2008, ¶ 35 (6th Dist.).” Campbell, 2023-Ohio-4597, at ¶ 15 (11th Dist.).

22
State v. Volzgreen
ohioctapp · 2022 · cited in 2 Ohio opinions naming this issue, 2023–2024
2 sentences

2024Clermont No. CA2022-06-028, 2022-Ohio-4134, ¶ 13 (consecutive sentences contrary to law where the trial court did not make the proportionality finding mandated by R.C. 2929.14[C][4]).

2023Clermont No. CA2022-06-028, 2022-Ohio-4134, ¶ 13 (consecutive sentences contrary to law where the trial court did not make the proportionality finding mandated by R.C. 2929.14[C][4]). {¶ 38} We therefore vacate that portion of the trial court's judgment imposing consecutive sentences and remand this matter to the trial court for resentencing.

22
Commonwealth v. Okorogreen
mass · 2015 · cited in 2 Ohio opinions naming this issue, 2017–2024
2 sentences

2024Garner was 17 years old when he was sentenced; he will be eligible for parole and release in his early 30’s, likely ensuring him decades of “fulfillment outside the prison walls.” See also State v. Brown, 300 Kan. 542, 564 (2014) (By permitting parole after the mandatory 20-year minimum term is served, sentence gives juvenile offender a meaningful opportunity to obtain release); Commonwealth v. Okoro, 471 Mass. 51, 59 (2015) (“We do not read Miller . . . to indicate that the proportionality principle at the core of the Eighth Amendment would bar a -12- Case No. 1-23-60 mandatory sentence of li

2017Rather, in line with the concerns expressed in Graham, it gives the offender a “ ‘meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation’ ” by permitting parole after the mandatory 20-year minimum prison term is served), quoting Graham, 560 U.S. at 75 , 130 S.Ct. 2011 , 176 L.Ed.2d 825 ; Ouk v. Minnesota, 847 N.W.2d 698, 701 (Minn.2014) (“a mandatory sentence of life imprisonment with the possibility of release after 30 years is not encompassed within the rule in Miller * * * because it does not require the imposition of the harshest term of imprisonment: li

22
Harmelin v. Michigangreen
scotus · 1991 · cited in 6 Ohio opinions naming this issue, 1992–2013
2 sentences

2013In Harmelin v. Michigan (1991), 501 U.S. 957 , 111 S.Ct. 2680 , 115 L.Ed.2d 836 , a plurality of the Supreme Court focused the proportionality requirement set forth in Solem and eliminated the need for comparative proportionality analysis in every case.

2013In Harmelin v. Michigan (1991), 501 U.S. 957 , 111 S.Ct. 2680 , 115 L.Ed.2d 836 , a plurality of the Supreme Court focused the proportionality requirement set forth in Solem and eliminated the need for comparative proportionality analysis in every case.

16
State v. Ziepfelgreen
ohioctapp · 1995 · cited in 2 Ohio opinions naming this issue, 2000–2022
2 sentences

2022State v. Ziepfel, 107 Ohio App.3d 646 , 652, 669 N.E.2d 299 (1st Dist.1995). {¶ 110} Also important to the proportionality analysis is how the state categorizes O’Malley’s offense.

2022State v. Ziepfel, 107 Ohio App.3d 646 , 652, 669 N.E.2d 299 (1st Dist.1995). {¶ 110} Also important to the proportionality analysis is how the state categorizes O’Malley’s offense.

12
State v. Hillgreen
ohio · 1994 · cited in 2 Ohio opinions naming this issue, 2000–2022
2 sentences

2022Therefore, in accord with our decision in Hill, 70 Ohio St.3d at 34, 635 N.E.2d 29 SUPREME COURT OF OHIO 1248, we may consider the harm caused or threatened to society in evaluating the magnitude of the offense. {¶ 89} Eighth Amendment history also supports the assertion that an actual or threatened wrong to society could be considered harm and be penalized by a fine.

2022Therefore, in accord with our decision in Hill, 70 Ohio St.3d at 34 , 635 N.E.2d 29 SUPREME COURT OF OHIO 1248, we may consider the harm caused or threatened to society in evaluating the magnitude of the offense. {¶ 89} Eighth Amendment history also supports the assertion that an actual or threatened wrong to society could be considered harm and be penalized by a fine.

12
State v. Crimgreen
ohioctapp · 2018 · cited in 2 Ohio opinions naming this issue, 2020–2021
2 sentences

2021Clark No. 2018-CA-38, 2018-Ohio-4996, ¶ 11 . {¶ 81} Kelly’s criminal conduct includes a juvenile criminal history of robbery and felonious assault.

2020Clark No. 2018-CA-38, 2018-Ohio-4996, ¶11 (“A proportionality analysis, given this linkage, does not occur in a vacuum, but, instead, focuses upon the defendant’s current conduct and whether this conduct, in conjunction with the defendant’s past conduct, allows a finding that consecutive service is not disproportionate.”).

12
State v. Beasleygreen
ohio · 2018 · cited in 2 Ohio opinions naming this issue, 2019–2020
2 sentences

2020R.C. 2929.14(C)(4)(b); see, e.g., State v. Beasley, 153 Ohio St.3d 497 , 2018-Ohio-493, ¶ 258 (noting with disapproval that the trial judge's sentencing statements "reveal[ed] nothing about the court's proportionality analysis with respect to the [other crimes Beasley committed], and the sentences for those convictions were also ordered to be served consecutively").

2020R.C. 2929.14(C)(4)(b); see, e.g., State v. Beasley, 153 Ohio St.3d 497 , 2018-Ohio-493, ¶ 258 (noting with disapproval that the trial judge's sentencing statements "reveal[ed] nothing about the court's proportionality analysis with respect to the [other crimes Beasley committed], and the sentences for those convictions were also ordered to be served consecutively").

12
State v. Haroldgreen
ohioctapp · 1996 · cited in 2 Ohio opinions naming this issue, 2000–2007
2 sentences

2007See State v. Harold (1996), 109 Ohio App.3d 87 , 94 .

2000State v. Harold (1996), 109 Ohio App.3d 87 .

12
State v. McDonaldgreen
ohio · 1987 · cited in 2 Ohio opinions naming this issue, 1992–1995
2 sentences

1995Id. at 58-60 , 31 OBR at 163-165, 509 N.E.2d at 65-67 .

1995Id. at 58-60 , 31 OBR at 163-165, 509 N.E.2d at 65-67 .

12
State ex rel. Media & Democracy Ctr. v. Atty Gen.green
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2026–2026
2 sentences

2026The attorney general asserted that the proportionality requirement should prohibit Armiak from turning the attorney general’s office inside out based on speculation that responsive documents relating to RAGA and RLDF must exist, even though the attorney general represented that other than his calendar, his office did not have any responsive documents. {¶ 13} The court-of-appeals magistrate granted Armiak’s motion to compel responses to the above-quoted interrogatories and requests for production of documents and expansion of the scope of the magistrate’s in camera review of documents. 2023-Ohi

2026The attorney general asserted that the proportionality requirement should prohibit Armiak from turning the attorney general’s office inside out based on speculation that responsive documents relating to RAGA and RLDF must exist, even though the attorney general represented that other than his calendar, his office did not have any responsive documents. {¶ 13} The court-of-appeals magistrate granted Armiak’s motion to compel responses to the above-quoted interrogatories and requests for production of documents and expansion of the scope of the magistrate’s in camera review of documents. 2023-Ohi

11
State v. Mackgreen
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Campbell at ¶ 14 ; State v. Mack, 2023-Ohio-4374, ¶ 82 (11th Dist.).

11
State v. Schausgreen
ohioctapp · 2024 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025State v. Schaus, 2024-Ohio-1515, ¶ 17 (6th Dist.) (Balancing the seriousness and recidivism factors in R.C. 2929.12 is not equivalent to a proportionality analysis under R.C. 2929.14(C)(4) because R.C. 2929.12 findings “relate only to individual sentences and the determination of whether the offender is more or less likely to commit future crimes.”).

11
State v. Hayesgreen
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
State v. Keaira Browngreen
kan · 2014 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.green
scotus · 1989 · cited in 1 Ohio opinions naming this issue, 2022–2022
11
Calero-Toledo v. Pearson Yacht Leasing Co.green
scotus · 1974 · cited in 1 Ohio opinions naming this issue, 2022–2022
11
State v. Chaffingreen
ohio · 1972 · cited in 1 Ohio opinions naming this issue, 2020–2020
11
State v. Barnesgreen
ohioctapp · 1999 · cited in 1 Ohio opinions naming this issue, 2020–2020
11
State v. Cardwellgreen
ohioctapp · 2016 · cited in 1 Ohio opinions naming this issue, 2019–2019
11
Kim Thul Ouk v. Stategreen
minn · 2014 · cited in 1 Ohio opinions naming this issue, 2017–2017
11
Bittner v. Tri-County Toyota, Inc.green
ohio · 1991 · cited in 1 Ohio opinions naming this issue, 2003–2003
11
State v. Tuttgreen
ohioctapp · 1988 · cited in 1 Ohio opinions naming this issue, 2002–2002
11
United States v. Bajakajiangreen
scotus · 1998 · cited in 1 Ohio opinions naming this issue, 2000–2000
11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (52)

CaseCitedYears
United States Court of Appeals, Third Circuit green
ca3 · 1993
2 sentences

2000In United States v. Sarbello (C.A. 3, 1993), 985 F.2d 716 , 724 , the court stated that a lower court's proportionality analysis ". . . must necessarily accommodate the facts of the case and weigh the seriousness of the offense, including the moral gravity of the crime measured in terms of the magnitude and nature of its harmful reach, against the severity of the criminal sanction.

1995It went on to state that the district court’s proportionality analysis must “‘accommodate the facts of the case and weigh the seriousness of the offense * * *.’ ” Id. at 1236-1237 , quoting United States v. Sarbello (C.A3, 1993), 985 F.2d 716 , 724.

41994–2000
State v. Stevens neutral
ohioctapp · 2017
2 sentences

2023Stark No. 2017CA00024, 2017-Ohio-8692, ¶ 10 , quoting McDougle v. Maxwell, 1 Ohio St.2d 68, 69 , 203 N.E.2d 334 (1964). {¶24} 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 commission of the same crime in other jurisdictions.

2022Stark No. 2017CA00024, 2017-Ohio-8692, ¶ 10 , quoting McDougle v. Maxwell, 1 Ohio St.2d 68, 69 , 203 N.E.2d 334 (1964). {¶131} 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 commission of the same crime in other jurisdictions.

32018–2023
McDougle v. Maxwell green
ohio · 1964
2 sentences

2023Stark No. 2017CA00024, 2017-Ohio-8692, ¶ 10 , quoting McDougle v. Maxwell, 1 Ohio St.2d 68, 69 , 203 N.E.2d 334 (1964). {¶24} 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 commission of the same crime in other jurisdictions.

2023Stark No. 2017CA00024, 2017-Ohio-8692, ¶ 10 , quoting McDougle v. Maxwell, 1 Ohio St.2d 68, 69 , 203 N.E.2d 334 (1964). {¶24} 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 commission of the same crime in other jurisdictions.

32018–2023
State v. Foster green
ohio · 2006
2 sentences

2011Appellant acknowledges that State v. Foster, 109 Ohio St.3d 1 , 14 2006-Ohio-856 , 845 N.E.2d 470 , held that such findings were no longer required but argues that the Foster remedy of excising sentencing sections that require findings is no longer necessary as a result of the United States Supreme Court’s decision in Oregon v. Ice (2009), 555 U.S. 160 , 129 S.Ct. 711 , 172 L.Ed.2d 517 , which held that judicial fact-finding with respect to consecutive terms of imprisonment does not violate the Sixth Amendment.

2011Appellant acknowledges that State v. Foster, 109 Ohio St.3d 1 , 14 2006-Ohio-856 , 845 N.E.2d 470 , held that such findings were no longer required but argues that the Foster remedy of excising sentencing sections that require findings is no longer necessary as a result of the United States Supreme Court’s decision in Oregon v. Ice (2009), 555 U.S. 160 , 129 S.Ct. 711 , 172 L.Ed.2d 517 , which held that judicial fact-finding with respect to consecutive terms of imprisonment does not violate the Sixth Amendment.

32006–2011
State v. Mathis green
ohio · 2006
2 sentences

2008State v. Mathis , 109 Ohio St.3d 54 , 62 , 2006-Ohio-855 . {¶ 11} Under R.C. 2929.11 (B), a sentence imposed for a felony "shall be reasonably calculated to achieve the two overriding purposes of felony sentencing [protecting the public from future crime and punishing the offender] * * *, commensurate with and not demeaning to the seriousness of the offender's conduct and its impact upon the victim, and consistent with sentences imposed for similar crimes committed by similar offenders." {¶ 12} When reviewing a trial court's proportionality analysis, we review the record to determine if it dem

2008State v. Mathis , 109 Ohio St.3d 54 , 62 , 2006-Ohio-855 . {¶ 9} When reviewing a trial court's proportionality analysis, we review the record to determine if it demonstrates that the trial court failed to consider the purposes and principles of R.C. 2929.11 .

32008–2008
State v. Hayes green
ohioctapp · 2024
2 sentences

2025“R.C. 2929.14(C)(4) requires a proportionality analysis, meaning that a sentencing court must consider the aggregate term of imprisonment to be imposed because, without such consideration, there is no coherent way to evaluate whether multiple, consecutive sentences are proportional to an offender’s overall conduct for which the sentences have been imposed.” Id., quoting id.

2025“R.C. 2929.14(C)(4) requires a proportionality analysis, meaning that a sentencing court must consider the aggregate term of imprisonment to be imposed because, without such consideration, there is no coherent way to evaluate whether multiple, consecutive sentences are proportional to an offender’s overall conduct for which the sentences have been imposed.” Id., quoting id.

22025–2025
State v. Glover green
ohioctapp · 2023
2 sentences

2024Fips’s argument is misplaced. “‘A proportionality analysis considers both the defendant’s current conduct and the risk of the defendant being a danger in the future.’” State v. Hayes, 2023-Ohio-4119 , 229 N.E.3d 234, ¶ 50 (8th Dist.), quoting State v. Glover, 2023-Ohio-1153 , 212 N.E.3d 984, ¶ 26 , citing R.C. 2929.14(C)(4). “‘To make that determination, the analysis focuses upon the defendant’s current conduct and whether this conduct, in conjunction with the defendant’s past conduct, allows a finding that consecutive service is not disproportionate.’” Id., quoting Glover at ¶ 87. {¶23} The t

2024Fips’s argument is misplaced. “‘A proportionality analysis considers both the defendant’s current conduct and the risk of the defendant being a danger in the future.’” State v. Hayes, 2023-Ohio-4119 , 229 N.E.3d 234, ¶ 50 (8th Dist.), quoting State v. Glover, 2023-Ohio-1153 , 212 N.E.3d 984, ¶ 26 , citing R.C. 2929.14(C)(4). “‘To make that determination, the analysis focuses upon the defendant’s current conduct and whether this conduct, in conjunction with the defendant’s past conduct, allows a finding that consecutive service is not disproportionate.’” Id., quoting Glover at ¶ 87. {¶23} The t

22023–2024
State v. Talley neutral
ohioctapp · 2022
2 sentences

2023Trumbull No. 2021-T-0044, 2022-Ohio-1638 (“Talley I”), we found that Mr. Talley’s 3 Case No. 2021-T-0044 assignment of error lacked merit and affirmed his sentences.

2022With respect to consecutive sentences, a reviewing court “may vacate the sentence and remand the matter to the sentencing court for resentencing * * * if it clearly and convincingly finds * * * [t]hat the record does not support the sentencing 3 Case No. 2021-T-0044 court’s findings under division * * * (C)(4) of section 2929.14.” Id.

22022–2023
State v. Marcum (Slip Opinion) green
ohio · 2016
2 sentences

2019“The offender’s youth at the time of the offense must still be weighed against any statutory consideration that might make an offense more serious or an offender more likely to recidivate.” State v. Long, 138 Ohio St.3d 478 , 2014-Ohio-849 , 8 N.E.3d 890, ¶ 19 . {¶ 71} “* * * [O]ur system of justice recognizes that appellate courts do have a responsibility – expressed in the proportionality principle – not to shut their eyes to grossly disproportionate sentences that are materially unjust.” (Emphasis sic.) Hutto v. Davis, 454 U.S. 370, 377 , 102 S.Ct. 703 , 70 L.Ed.2d 556 , (1982) (Powell, J.,

2019“The offender’s youth at the time of the offense must still be weighed against any statutory consideration that might make an offense more serious or an offender more likely to recidivate.” State v. Long, 138 Ohio St.3d 478 , 2014-Ohio-849 , 8 N.E.3d 890, ¶ 19 . {¶ 71} “* * * [O]ur system of justice recognizes that appellate courts do have a responsibility – expressed in the proportionality principle – not to shut their eyes to grossly disproportionate sentences that are materially unjust.” (Emphasis sic.) Hutto v. Davis, 454 U.S. 370, 377 , 102 S.Ct. 703 , 70 L.Ed.2d 556 , (1982) (Powell, J.,

22018–2019
Hutto v. Davis green
scotus · 1982
2 sentences

2019“The offender’s youth at the time of the offense must still be weighed against any statutory consideration that might make an offense more serious or an offender more likely to recidivate.” State v. Long, 138 Ohio St.3d 478 , 2014-Ohio-849 , 8 N.E.3d 890, ¶ 19 . {¶ 71} “* * * [O]ur system of justice recognizes that appellate courts do have a responsibility – expressed in the proportionality principle – not to shut their eyes to grossly disproportionate sentences that are materially unjust.” (Emphasis sic.) Hutto v. Davis, 454 U.S. 370, 377 , 102 S.Ct. 703 , 70 L.Ed.2d 556 , (1982) (Powell, J.,

2019“The offender’s youth at the time of the offense must still be weighed against any statutory consideration that might make an offense more serious or an offender more likely to recidivate.” State v. Long, 138 Ohio St.3d 478 , 2014-Ohio-849 , 8 N.E.3d 890, ¶ 19 . {¶ 71} “* * * [O]ur system of justice recognizes that appellate courts do have a responsibility – expressed in the proportionality principle – not to shut their eyes to grossly disproportionate sentences that are materially unjust.” (Emphasis sic.) Hutto v. Davis, 454 U.S. 370, 377 , 102 S.Ct. 703 , 70 L.Ed.2d 556 , (1982) (Powell, J.,

21992–2019
State v. Porterfield green
ohio · 2005
2 sentences

2016Cuyahoga No. 101576, 2015-Ohio-2387 , ¶ 67-68 (defendant’s claim that sentences imposed on murder and aggravated murder counts were contrary to law because trial court did not engage in a proportionality analysis was not subject to appellate review under R.C. 2953.08(D)(3)), citing State v. Porterfield, 106 Ohio St.3d 5 , 2005-Ohio-3095 , 829 N.E.2d 690, ¶ 19 .

2016Cuyahoga No. 101576, 2015-Ohio-2387 , ¶ 67-68 (defendant’s claim that sentences imposed on murder and aggravated murder counts were contrary to law because trial court did not engage in a proportionality analysis was not subject to appellate review under R.C. 2953.08(D)(3)), citing State v. Porterfield, 106 Ohio St.3d 5 , 2005-Ohio-3095 , 829 N.E.2d 690, ¶ 19 .

22015–2016
State v. Walker, 89950 (5-8-2008) neutral
ohioctapp · 2008
2 sentences

2008State v. Walker , Cuyahoga App. No. 89950, 2008-Ohio-2180 .

2008State v. Walker , Cuyahoga App. No. 89950, 2008-Ohio-2180 , at ¶ 12 , citing State v. Georgakopoulos , Cuyahoga App. No. 81934, 2003-Ohio-4341 .

22008–2008
State v. Gwynne green
ohio · 2023
1 sentence

2024Accordingly, we find that the record supports the trial court’s consecutive-sentencing findings. {¶39} Further, to the extent that Rogan suggests that the trial court did not conduct a proportionality analysis, we note that in State v. Gwynne, ____ Ohio St.3d _____, 2023-Ohio-3851 , which was decided while Rogan’s case was pending, the Supreme Court of Ohio reiterated that “[a]ppellate review turns on whether the trial -22- Case No. 2-23-01 court’s findings are clearly and convincingly not supported by the record, and if the evidence supports the trial court’s consecutive-sentence findings, th

12024–2024
State v. Sprague green
ohioctapp · 2023
12024–2024
League of Women Voters of Ohio v. Ohio Redistricting Comm. (Slip Opinion) green
ohio · 2022
12023–2023
League of Women Voters of Ohio v. Ohio Redistricting Comm. (Slip Opinion) green
ohio · 2022
12023–2023
League of Women Voters of Ohio v. Ohio Redistricting Comm. (Slip Opinion) green
ohio · 2022
12023–2023
State v. Gwynne green
ohio · 2022
12023–2023
State v. Green green
ohioctapp · 2018
12022–2022
Timbs v. Indiana green
scotus · 2019
12022–2022
State v. Montgomery (Slip Opinion) green
ohio · 2016
12020–2020
Hollingsworth v. United States green
scotus · 1992
12020–2020
State v. Knowles neutral
ohioctapp · 2016
12019–2019
State v. Ali green
ohioctapp · 2019
12019–2019
State v. Long green
ohio · 2014
12019–2019
State v. Bonnell (Slip Opinion) green
ohio · 2014
12018–2018
State v. Moore green
ohioctapp · 2014
12018–2018
Graham v. Florida green
scotus · 2010
12017–2017
Coker v. Georgia green
scotus · 1977
12016–2016
State v. Steffen green
ohio · 1987
12016–2016
State v. Forney green
ohioctapp · 2013
12016–2016
State v. Weitbrecht green
ohio · 1999
12014–2014
State v. Williams green
ohioctapp · 2014
12014–2014
State v. Holmes green
ohioctapp · 2014
12014–2014
Jones v. Barnes green
scotus · 1983
12013–2013
State v. Adams green
ohioctapp · 2012
12013–2013
State v. Hairston green
ohio · 2008
12012–2012
Oregon v. Ice green
scotus · 2009
12011–2011
State v. Powell green
ohioctapp · 2010
12011–2011
Blakely v. Washington green
scotus · 2004
12006–2006

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2929.14 (40) OH § Ohio Rev. Code § 2953.08 (32) OH § Ohio Rev. Code § 2929.11 (28) OH § Ohio Rev. Code § 2929.16 (20) OH § Ohio Rev. Code § 2929.12 (19) OH § Ohio Rev. Code § 2911.01 (12) OH § Ohio Rev. Code § 2903.11 (10) OH § Ohio Rev. Code § 2913.02 (10) OH § Ohio Rev. Code § 2929.41 (10) OH § Ohio Rev. Code § 2903.01 (9) OH § Ohio Rev. Code § 2925.03 (9) OH § Ohio Rev. Code § 2929.13 (8)

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 270 (1980–2026) MI 189 (1986–2026) WV 149 (1980–2026) CA 138 (1983–2026) IL 111 (1983–2026) MS 106 (1984–2026) OH 79 (1986–2026) OR 67 (1980–2026) FL 66 (1993–2025) TN 62 (1986–2022) PA 38 (1992–2026) WA 37 (1980–2026) CO 36 (1981–2026) ID 33 (1982–2023) AZ 33 (1982–2026) IN 32 (1984–2020) AL 28 (1982–2024) SD 23 (1985–2024) MD 21 (1985–2026) KS 17 (1986–2020) IA 17 (1984–2023) UT 16 (1996–2024) DE 15 (1988–2025) WY 14 (1983–2026) MA 13 (1979–2024) MO 12 (1985–2018) VA 11 (1979–2023) NJ 10 (1995–2023) GA 10 (1994–2023) WI 9 (1988–2022) LA 9 (1983–2017) ME 8 (1991–2025) NC 8 (1985–2023) MN 7 (2001–2018) NE 6 (1991–2022) NM 5 (1988–2019) ND 4 (1997–2025) DC 4 (1993–2007) RI 4 (2004–2013) NH 4 (1977–2013) OK 4 (1994–2006) AK 3 (2022–2025) NV 3 (1991–2020) KY 3 (2004–2020) NY 3 (1994–2005) CT 3 (2016–2025) SC 2 (2000–2013) VT 2 (1995–2018)

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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