second is an objective inquiry (West Virginia) · Go Syfert
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second is an objective inquiry in West Virginia

9 West Virginia opinions name it 1 courts 1996–2026 8 in the last five years

The cases below were cited by West Virginia 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
Wanstreet v. Bordenkirchergreen
wva · 1981 · cited in 8 West Virginia opinions naming this issue, 2023–2026
2 sentences

2026The second is an objective inquiry, requiring us to give consideration “to the nature of the offense, the legislative purpose behind the punishment, a comparison of the punishment with what would be inflicted in other jurisdictions, and a comparison with other offenses within the same jurisdiction.” Id. (quoting Wanstreet, 166 W.

2026The second is an objective inquiry, requiring us to give consideration “to the nature of the offense, the legislative purpose behind the punishment, a comparison of the punishment with what would be inflicted in other jurisdictions, and a comparison with other offenses within the same jurisdiction.” Id. (quoting Wanstreet, 166 W.

18
State v. Rossgreen
wva · 1990 · cited in 1 West Virginia opinions naming this issue, 1996–1996
2 sentences

1996See also State v. Ross, 184 W.Va. 579, 581-82 , 402 S.E.2d 248, 250-51 (1990). 9 .

1996See also State v. Ross, 184 W.Va. 579, 581-82 , 402 S.E.2d 248, 250-51 (1990). 9 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
State v. Cooper green
wva · 1983
2 sentences

2026The second is an objective inquiry, requiring us to give consideration “to the nature of the offense, the legislative purpose behind the punishment, a comparison of the punishment with what would be inflicted in other jurisdictions, and a comparison with other offenses within the same jurisdiction.” Id. (quoting Wanstreet, 166 W.

2026The second is an objective inquiry, requiring us to give consideration “to the nature of the offense, the legislative purpose behind the punishment, a comparison of the punishment with what would be inflicted in other jurisdictions, and a comparison with other offenses within the same jurisdiction.” Id. (quoting Wanstreet, 166 W.

82023–2026

Statutes the citing opinions construe

WV § W. Va. Code § 61-8D-5 (3) WV § W. Va. Code § 62-12-26 (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.

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