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11 Pennsylvania opinions name it 4 courts 2010–2024 1 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. Bakergreen2 sentences2024Applying the Solem test in Baker, our Supreme Court concluded that the offense in question was “much graver than the simple possession of so-called ‘dirty pictures’ where there is no direct victim.” 78 A.3d at 1051 . 2024Applying the Solem test in Baker, our Supreme Court concluded that the offense in question was “much graver than the simple possession of so-called ‘dirty pictures’ where there is no direct victim.” 78 A.3d at 1051 . | 2 | 3 |
Commonwealth v. Henkelgreen2 sentences2020Instantly, Appellant has not met his burden and has “give[n] us no reason to revisit this precedent[.]” Commonwealth v. Henkel, 938 A.2d 433, 447 (Pa. Super. 2007) (rejecting identical claim based upon Middleton). 2020Instantly, Appellant has not met his burden and has “give[n] us no reason to revisit this precedent[.]” Commonwealth v. Henkel, 938 A.2d 433, 447 (Pa. Super. 2007) (rejecting identical claim based upon Middleton). | 2 | 2 |
Commonwealth v. Eisenberg, M., Apltgreen2 sentences2017It is this principle that “restrains us from an extended analysis of proportionality save in rare cases.” Id. (citing Solem, 463 U.S. at 290 n.16, 103 S.Ct. 3001 ); see also Commonwealth v. Eisenberg, 626 Pa. 512 , 98 A.3d 1268, 1283 (2014) (recognizing, before conducting a Solem analysis, that “acts passed by the General Assembly are strongly presumed to be constitutional” and “that the legislature has the exclusive power to pronounce which acts are crimes, to define crimes, and to fix the punishment for all crimes”) (internal citations and quotations omitted). 2017It is this principle that “restrains us from an extended analysis of proportionality save in rare cases.” Id. (citing Solem, 463 U.S. at 290 n.16, 103 S.Ct. 3001 ); see also Commonwealth v. Eisenberg, 626 Pa. 512 , 98 A.3d 1268, 1283 (2014) (recognizing, before conducting a Solem analysis, that “acts passed by the General Assembly are strongly presumed to be constitutional” and “that the legislature has the exclusive power to pronounce which acts are crimes, to define crimes, and to fix the punishment for all crimes”) (internal citations and quotations omitted). | 2 | 2 |
Commonwealth v. Colon-Plazagreen2 sentences2017“A court must begin by comparing the gravity of the offense and the severity of the sentence.” In the “rare case” in which this threshold comparison leads to an inference of gross disproportionality, the reviewing court “should then compare the defendant’s sentence with the sentences received by other offenders in the same jurisdiction and with the sentences imposed for the same crime in other jurisdictions.” “If this comparative analysis ‘validate^] an initial judgment that [the] sentence is grossly disproportionate,’ the sentence is cruel and unusual.” Commonwealth v. Colon-Plaza, 136 A.3d 5 2017“A court must begin by comparing the gravity of the offense and the severity of the sentence.” In the “rare case” in which this threshold comparison leads to an inference of gross disproportionality, the reviewing court “should then compare the defendant’s sentence with the sentences received by other offenders in the same jurisdiction and with the sentences imposed for the same crime in other jurisdictions.” “If this comparative analysis ‘validate^] an initial judgment that [the] sentence is grossly disproportionate,’ the sentence is cruel and unusual.” Commonwealth v. Colon-Plaza, 136 A.3d 5 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. 1997 Chevrolet & Contents Seized From Young
green
2 sentences2024The Court also stated the following with regard to the penalty harshness aspect of the test, referring to Commonwealth v. 1997 Chevrolet & Contents Seized from Young, 160 A.3d 153 (Pa. 2017), a civil forfeiture case: 3 “This prohibition applies to both the federal government and, via the United States Constitution’s Fourteenth Amendment guarantee of due process, to state governments.” Shoul v. Dep’t of Transp., Bureau of Driver Licensing, 173 A.3d 669 , 682 n.12 (Pa. 2017) (citing cases). 2024The Court also stated the following with regard to the penalty harshness aspect of the test, referring to Commonwealth v. 1997 Chevrolet & Contents Seized from Young, 160 A.3d 153 (Pa. 2017), a civil forfeiture case: 3 “This prohibition applies to both the federal government and, via the United States Constitution’s Fourteenth Amendment guarantee of due process, to state governments.” Shoul v. Dep’t of Transp., Bureau of Driver Licensing, 173 A.3d 669 , 682 n.12 (Pa. 2017) (citing cases). | 2 | 2017–2024 |
Commonwealth v. Middleton
green
2 sentences2020We applied the Solem factors to determine whether the sentence was unconstitutionally disproportionate, ultimately concluding that it “does not derogate from the propriety of a sentence of life imprisonment for the offense of second[-]degree murder.” Middleton, 467 A.2d at 847 . 2020We applied the Solem factors to determine whether the sentence was unconstitutionally disproportionate, ultimately concluding that it “does not derogate from the propriety of a sentence of life imprisonment for the offense of second[-]degree murder.” Middleton, 467 A.2d at 847 . | 2 | 2020–2020 |
Solem v. Helm
red
2 sentences2017It is this principle that “restrains us from an extended analysis of proportionality save in rare cases.” Id. (citing Solem, 463 U.S. at 290 n.16, 103 S.Ct. 3001 ); see also Commonwealth v. Eisenberg, 626 Pa. 512 , 98 A.3d 1268, 1283 (2014) (recognizing, before conducting a Solem analysis, that “acts passed by the General Assembly are strongly presumed to be constitutional” and “that the legislature has the exclusive power to pronounce which acts are crimes, to define crimes, and to fix the punishment for all crimes”) (internal citations and quotations omitted). 2017It is this principle that “restrains us from an extended analysis of proportionality save in rare cases.” Id. (citing Solem, 463 U.S. at 290 n.16, 103 S.Ct. 3001 ); see also Commonwealth v. Eisenberg, 626 Pa. 512 , 98 A.3d 1268, 1283 (2014) (recognizing, before conducting a Solem analysis, that “acts passed by the General Assembly are strongly presumed to be constitutional” and “that the legislature has the exclusive power to pronounce which acts are crimes, to define crimes, and to fix the punishment for all crimes”) (internal citations and quotations omitted). | 2 | 2017–2017 |
Graham v. Florida
green
2 sentences2016“A court must begin by comparing the gravity of the offense and the severity of the sentence.” Graham v. Florida, 560 U.S. 48, 60-61 , 130 S.Ct. 2011, 2022 , 176 L.Ed.2d 825 (2010). 2016“A court must begin by comparing the gravity of the offense and the severity of the sentence.” Graham v. Florida, 560 U.S. 48, 60-61 , 130 S.Ct. 2011, 2022 , 176 L.Ed.2d 825 (2010). | 2 | 2013–2016 |
Shoul v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
green
2 sentences2024The Court confirmed that Section 1611(e) is punitive in nature and that the Solem test is applicable. 173 A.3d at 684-86 . 2024The Court confirmed that Section 1611(e) is punitive in nature and that the Solem test is applicable. 173 A.3d at 684-86 . | 1 | 2024–2024 |
Commonwealth v. Baker
green
2 sentences2012Hence, we concluded that the appellant in Baker had “failed [to] show that his sentences violate the prohibition against cruel and unusual punishment[.]” Id. 2012Hence, we concluded that the appellant in Baker had “failed [to] show that his sentences violate the prohibition against cruel and unusual punishment[.]” Id. | 1 | 2012–2012 |
United States v. Michael Walker
green
2 sentences2010Specifically, the Eighth Amendment “forbids only extreme sentences that are ‘grossly disproportionate’ to the crime.” Walker, 473 F.3d at 81 . 2010Specifically, the Eighth Amendment “forbids only extreme sentences that are ‘grossly disproportionate’ to the crime.” Walker, 473 F.3d at 81 . | 1 | 2010–2010 |
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.
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.