8 Alabama opinions name it 1 courts 1984–2023 1 in the last five years
The cases below were cited by Alabama 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 |
|---|---|---|
Solem v. Helmred2 sentences1987According to Section 13A-5-9 (c)(3): "In all cases when it is shown that a criminal defendant has been previously convicted of any three felonies and after such convictions has committed another felony, he must be punished as follows: ". . . . ". . . . "(3) On conviction of a Class A felony, he must be punished by imprisonment for life without parole." Although the appellant argues that his punishment is unduly harsh under the standards set forth in Solem v. Helm , 463 U.S. 277 , 103 S.Ct. 3001 , 77 L.Ed.2d 637 (1983), the Solem standard is generally inapplicable to criminals sentenced subject 1987According to Section 13A-5-9 (c)(3): "In all cases when it is shown that a criminal defendant has been previously convicted of any three felonies and after such convictions has committed another felony, he must be punished as follows: ". . . . ". . . . "(3) On conviction of a Class A felony, he must be punished by imprisonment for life without parole." Although the appellant argues that his punishment is unduly harsh under the standards set forth in Solem v. Helm , 463 U.S. 277 , 103 S.Ct. 3001 , 77 L.Ed.2d 637 (1983), the Solem standard is generally inapplicable to criminals sentenced subject | 1 | 2 |
E.L.Y. v. Stategreen2 sentences2023See E.L.Y., 266 So. 3d at 1133 (noting that the Solem factors were not intended to be an "exhaustive list"). 2023See E.L.Y., 266 So. 3d at 1133 (noting that the Solem factors were not intended to be an "exhaustive list"). | 1 | 1 |
Wilson v. Stategreen2 sentences2023Accordingly, we need not examine the remaining Solem factors."); and Wilson, 830 So. 2d at 780 (holding that, 41 CR-20-1006 because the defendant's sentence was grossly disproportionate to her crime, the Court was required to "go further and conduct a full-scale proportionality review, examining the second and third Solem factors"). 2023Accordingly, we need not examine the remaining Solem factors."); and Wilson, 830 So. 2d at 780 (holding that, 41 CR-20-1006 because the defendant's sentence was grossly disproportionate to her crime, the Court was required to "go further and conduct a full-scale proportionality review, examining the second and third Solem factors"). | 1 | 1 |
United States v. Paul George Kratsas, A/K/A P. J. Kratsasgreen2 sentences2001The United States Court of Appeals for the Fourth Circuit, in United States v. Kratsas , 45 F.3d 63 , 67 (4th Cir. 1995), noted that it was somewhat unclear, in light of Harmelin , whether the three-part test of Solem applied in noncapital cases; that court stated, "[T]he continuing applicability of the Solem test is indicated by the fact that a majority of the Harmelin Court either declined expressly to overrule Solem or explicitly approved of Solem . 2001The United States Court of Appeals for the Fourth Circuit, in United States v. Kratsas , 45 F.3d 63 , 67 (4th Cir. 1995), noted that it was somewhat unclear, in light of Harmelin , whether the three-part test of Solem applied in noncapital cases; that court stated, "[T]he continuing applicability of the Solem test is indicated by the fact that a majority of the Harmelin Court either declined expressly to overrule Solem or explicitly approved of Solem . | 1 | 1 |
Lewis Henry v. James Page, Warden, Stateville Correctional Centergreen2 sentences2001See also Henry v. Page , 223 F.3d 477 , 481-82 (7th Cir. 2000) ("Since the divided decision in Harmelin , several courts have questioned whether Solem survives. 2001See also Henry v. Page , 223 F.3d 477 , 481-82 (7th Cir. 2000) ("Since the divided decision in Harmelin , several courts have questioned whether Solem survives. | 1 | 1 |
Harlin Phillip Seritt, Jr. v. State of Alabamagreen2 sentences1984Compare Whitmore v. Maggio , 742 F.2d 230 (5th Cir. 1984) (where the court held that a sentence of 125 years' imprisonment without the benefit of parole required a Solem analysis). 3 It appears that by this circumscription alone, we will rarely, if ever, be required to reckon with the precise holding of Solem , for as recognized by the court in Seritt v. Alabama , 731 F.2d 728 , 734 (11th Cir. 1984), with the exception of the offense of treason, all felonies triggering a mandatory sentence of life without parole are "only the most serious of offenses and those involving the risk that a human l 1984Compare Whitmore v. Maggio , 742 F.2d 230 (5th Cir. 1984) (where the court held that a sentence of 125 years' imprisonment without the benefit of parole required a Solem analysis). 3 It appears that by this circumscription alone, we will rarely, if ever, be required to reckon with the precise holding of Solem , for as recognized by the court in Seritt v. Alabama , 731 F.2d 728 , 734 (11th Cir. 1984), with the exception of the offense of treason, all felonies triggering a mandatory sentence of life without parole are "only the most serious of offenses and those involving the risk that a human l | 1 | 1 |
Kenneth Wayne Whitmore v. Ross Maggio, Jr., Warden, Louisiana State Penitentiary, Respondentsgreen2 sentences1984Compare Whitmore v. Maggio , 742 F.2d 230 (5th Cir. 1984) (where the court held that a sentence of 125 years' imprisonment without the benefit of parole required a Solem analysis). 3 It appears that by this circumscription alone, we will rarely, if ever, be required to reckon with the precise holding of Solem , for as recognized by the court in Seritt v. Alabama , 731 F.2d 728 , 734 (11th Cir. 1984), with the exception of the offense of treason, all felonies triggering a mandatory sentence of life without parole are "only the most serious of offenses and those involving the risk that a human l 1984Compare Whitmore v. Maggio , 742 F.2d 230 (5th Cir. 1984) (where the court held that a sentence of 125 years' imprisonment without the benefit of parole required a Solem analysis). 3 It appears that by this circumscription alone, we will rarely, if ever, be required to reckon with the precise holding of Solem , for as recognized by the court in Seritt v. Alabama , 731 F.2d 728 , 734 (11th Cir. 1984), with the exception of the offense of treason, all felonies triggering a mandatory sentence of life without parole are "only the most serious of offenses and those involving the risk that a human l | 1 | 1 |
Jackson v. Stategreen2 sentences1984See Jackson v. State, 440 So.2d 1181 (Ala. Crim.App.1983) and more recently, two cases which are Jones and Bryant v. State [Ms. March 20, 1984, 1 Div. 675 ], where we have upheld a life sentence growing out of a second degree theft conviction and a 22 year sentence to Jones, this being as a result of the taking of some clothing from a store and a high speed chase following. 1984See Jackson v. State, 440 So.2d 1181 (Ala. Crim.App.1983) and more recently, two cases which are Jones and Bryant v. State [Ms. March 20, 1984, 1 Div. 675 ], where we have upheld a life sentence growing out of a second degree theft conviction and a 22 year sentence to Jones, this being as a result of the taking of some clothing from a store and a high speed chase following. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Harmelin v. Michigan
green
2 sentences2018If it is determined that the sentence is grossly disproportionate to the crime, then the reviewing court must go further and "conduct a full-scale proportionality review, examining the second and third Solem factors." Id. at 780, citing Harmelin , 501 U.S. at 1005 , 111 S.Ct. at 2707 . 2018If it is determined that the sentence is grossly disproportionate to the crime, then the reviewing court must go further and "conduct a full-scale proportionality review, examining the second and third Solem factors." Id. at 780, citing Harmelin , 501 U.S. at 1005 , 111 S.Ct. at 2707 . | 3 | 2001–2018 |
Jerry Carlo Moreno v. W.J. Estelle, Jr., Director, Texas Department of Corrections, and Jim Mattox, Attorney General of the State of Texas
green
1 sentence1986This finding is in conflict with Robinson v. State , 474 So.2d 685 , 686 (Ala. 1985), wherein the court stated, "While § 20-2-80 provides for only a minimum term of imprisonment, the statute may reasonably be construed to validly authorize a maximum sentence of life imprisonment." 2 One court has stated, "Of course, a determination of whether a sentence is 'within constitutional limits' will often require at least a perfunctory Solem analysis." Moreno v. Estelle , 717 F.2d 171 , 180 , n. 10 (5th Cir. 1983), cert. denied , 466 U.S. 975 , 104 S.Ct. 2353 , 80 L.Ed.2d 826 (1984). | 1 | 1986–1986 |
United States v. James Alvin Rhodes, A/K/A Mickey Rhodes, United States of America v. Garvey Martin Cheek, Jr.
green
1 sentence1986Another court has noted that "where an Eighth Amendment claim is made concerning the length of a sentence which may not be disposed of as so obviously within the prerogative of Congress and the district court to require no comment, . . . a simple matching of the facts of a particular case against the Solem principles will suffice without extended discussion." United States v. Rhodes , 779 F.2d 1019 , 1028-29 (4th Cir. 1985), cert. denied , ___ U.S. ___, 106 S.Ct. 2916 , 91 L.Ed.2d 545 (1986). | 1 | 1986–1986 |
Ex Parte Robinson
green
1 sentence1986This finding is in conflict with Robinson v. State , 474 So.2d 685 , 686 (Ala. 1985), wherein the court stated, "While § 20-2-80 provides for only a minimum term of imprisonment, the statute may reasonably be construed to validly authorize a maximum sentence of life imprisonment." 2 One court has stated, "Of course, a determination of whether a sentence is 'within constitutional limits' will often require at least a perfunctory Solem analysis." Moreno v. Estelle , 717 F.2d 171 , 180 , n. 10 (5th Cir. 1983), cert. denied , 466 U.S. 975 , 104 S.Ct. 2353 , 80 L.Ed.2d 826 (1984). | 1 | 1986–1986 |
McLester v. State
green
2 sentences1986McLester v. State , *Page 794 460 So.2d at 876 . 1986McLester v. State , *Page 794 460 So.2d at 876 . | 1 | 1986–1986 |
Mock v. United States
green
1 sentence1986This finding is in conflict with Robinson v. State , 474 So.2d 685 , 686 (Ala. 1985), wherein the court stated, "While § 20-2-80 provides for only a minimum term of imprisonment, the statute may reasonably be construed to validly authorize a maximum sentence of life imprisonment." 2 One court has stated, "Of course, a determination of whether a sentence is 'within constitutional limits' will often require at least a perfunctory Solem analysis." Moreno v. Estelle , 717 F.2d 171 , 180 , n. 10 (5th Cir. 1983), cert. denied , 466 U.S. 975 , 104 S.Ct. 2353 , 80 L.Ed.2d 826 (1984). | 1 | 1986–1986 |
Moreno v. McKaskle
green
1 sentence1986This finding is in conflict with Robinson v. State , 474 So.2d 685 , 686 (Ala. 1985), wherein the court stated, "While § 20-2-80 provides for only a minimum term of imprisonment, the statute may reasonably be construed to validly authorize a maximum sentence of life imprisonment." 2 One court has stated, "Of course, a determination of whether a sentence is 'within constitutional limits' will often require at least a perfunctory Solem analysis." Moreno v. Estelle , 717 F.2d 171 , 180 , n. 10 (5th Cir. 1983), cert. denied , 466 U.S. 975 , 104 S.Ct. 2353 , 80 L.Ed.2d 826 (1984). | 1 | 1986–1986 |
Glover v. New York
green
1 sentence1986This finding is in conflict with Robinson v. State , 474 So.2d 685 , 686 (Ala. 1985), wherein the court stated, "While § 20-2-80 provides for only a minimum term of imprisonment, the statute may reasonably be construed to validly authorize a maximum sentence of life imprisonment." 2 One court has stated, "Of course, a determination of whether a sentence is 'within constitutional limits' will often require at least a perfunctory Solem analysis." Moreno v. Estelle , 717 F.2d 171 , 180 , n. 10 (5th Cir. 1983), cert. denied , 466 U.S. 975 , 104 S.Ct. 2353 , 80 L.Ed.2d 826 (1984). | 1 | 1986–1986 |
Rubio v. United States
green
1 sentence1986Another court has noted that "where an Eighth Amendment claim is made concerning the length of a sentence which may not be disposed of as so obviously within the prerogative of Congress and the district court to require no comment, . . . a simple matching of the facts of a particular case against the Solem principles will suffice without extended discussion." United States v. Rhodes , 779 F.2d 1019 , 1028-29 (4th Cir. 1985), cert. denied , ___ U.S. ___, 106 S.Ct. 2916 , 91 L.Ed.2d 545 (1986). | 1 | 1986–1986 |
Rhodes v. United States
green
1 sentence1986Another court has noted that "where an Eighth Amendment claim is made concerning the length of a sentence which may not be disposed of as so obviously within the prerogative of Congress and the district court to require no comment, . . . a simple matching of the facts of a particular case against the Solem principles will suffice without extended discussion." United States v. Rhodes , 779 F.2d 1019 , 1028-29 (4th Cir. 1985), cert. denied , ___ U.S. ___, 106 S.Ct. 2916 , 91 L.Ed.2d 545 (1986). | 1 | 1986–1986 |
Casey v. State
green
2 sentences1984Casey v. State , 456 So.2d 1161 (Ala.Cr.App. 1984). 3 Unless *Page 874 the factual situation before the appellate court presents a "triggering offense" which is one of the less serious offenses, Solem is "factually different and therefore inapposite." Seritt v. Alabama , 731 F.2d 728 , 732 (11th Cir. 1984). 1984Casey v. State , 456 So.2d 1161 (Ala.Cr.App. 1984). 3 Unless *Page 874 the factual situation before the appellate court presents a "triggering offense" which is one of the less serious offenses, Solem is "factually different and therefore inapposite." Seritt v. Alabama , 731 F.2d 728 , 732 (11th Cir. 1984). | 1 | 1984–1984 |
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.