8 Wyoming opinions name it 1 courts 1986–2025 1 in the last five years
The cases below were cited by Wyoming 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 sentences2025To determine whether a punishment is proportional under Article 1, Section 14, we previously applied the following federal test: (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[.] Villafana v. State, 2022 WY 130, ¶ 29 , 519 P.3d 300 , 308 (Wyo. 2022) (quoting Solem v. Helm, 463 U.S. 277, 292 (1983)) (internal quotations omitted) (“Solem factors”). 2025See Solem, 463 U.S. at 292 (reiterating proportionality in Solem factors). | 1 | 3 |
Oakley v. Stategreen2 sentences2012Oakley, 715 P.2d at 1379 . 2010Oakley, 715 P.2d at 1379 . | 1 | 3 |
Fisher v. McDanielgreen1 sentence2025See Fisher, 64 P. at 1061 (comparing contempt punishments in three other states); Oakley, 715 P.2d at 1376-77 (identifying Solem factors as a viable approach for evaluating Article 1, Section 14 challenge); and Norgaard, ¶¶ 31- 34, 339 P.3d at 276-77 (comparing the sentencing laws of other states). | 1 | 1 |
David Michael Norgaardgreen1 sentence2025See Fisher, 64 P. at 1061 (comparing contempt punishments in three other states); Oakley, 715 P.2d at 1376-77 (identifying Solem factors as a viable approach for evaluating Article 1, Section 14 challenge); and Norgaard, ¶¶ 31- 34, 339 P.3d at 276-77 (comparing the sentencing laws of other states). | 1 | 1 |
In Re Rights to Use Water in Big Horn Rivergreen2 sentences2008Those events and cireumstances pertaining to the 1905 Act were set forth and examined in great detail in In re General Adjudication of All Rights to Use Water in the Big Horn River System, 753 P.2d 76, 119-85 (Wyo. 1988) (Thomas, J., dissenting), judgment aff'd sub nom. 2008Those events and cireumstances pertaining to the 1905 Act were set forth and examined in great detail in In re General Adjudication of All Rights to Use Water in the Big Horn River System, 753 P.2d 76, 119-85 (Wyo. 1988) (Thomas, J., dissenting), judgment aff'd sub nom. | 1 | 1 |
Harmelin v. Michigangreen2 sentences2002See also Harmelin v. Michigan, 501 U.S. 957, 1005 , 111 S.Ct. 2680 , 115 L.Ed.2d 836 (1991) (Kennedy, J., with whom Souter, J., joined, concurring in part & concurring in the judgment); Sampsell v. State, 2001 WY 12 , ¶ 10, 17 P.3d 724, ¶ 10 (Wyo.2001). [T12] Applying the rationale articulated in Oakley, we conclude it is not necessary in these cases to engage in a complete analysis of the Solem factors. 2002See also Harmelin v. Michigan, 501 U.S. 957, 1005 , 111 S.Ct. 2680 , 115 L.Ed.2d 836 (1991) (Kennedy, J., with whom Souter, J., joined, concurring in part & concurring in the judgment); Sampsell v. State, 2001 WY 12 , ¶ 10, 17 P.3d 724, ¶ 10 (Wyo.2001). [T12] Applying the rationale articulated in Oakley, we conclude it is not necessary in these cases to engage in a complete analysis of the Solem factors. | 1 | 1 |
Sampsell v. Stategreen2 sentences2002See also Harmelin v. Michigan, 501 U.S. 957, 1005 , 111 S.Ct. 2680 , 115 L.Ed.2d 836 (1991) (Kennedy, J., with whom Souter, J., joined, concurring in part & concurring in the judgment); Sampsell v. State, 2001 WY 12 , ¶ 10, 17 P.3d 724, ¶ 10 (Wyo.2001). [T12] Applying the rationale articulated in Oakley, we conclude it is not necessary in these cases to engage in a complete analysis of the Solem factors. 2002See also Harmelin v. Michigan, 501 U.S. 957, 1005 , 111 S.Ct. 2680 , 115 L.Ed.2d 836 (1991) (Kennedy, J., with whom Souter, J., joined, concurring in part & concurring in the judgment); Sampsell v. State, 2001 WY 12 , ¶ 10, 17 P.3d 724, ¶ 10 (Wyo.2001). [T12] Applying the rationale articulated in Oakley, we conclude it is not necessary in these cases to engage in a complete analysis of the Solem factors. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Daniel Ivan Villafana v. The State of Wyoming
green
2 sentences2025To determine whether a punishment is proportional under Article 1, Section 14, we previously applied the following federal test: (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[.] Villafana v. State, 2022 WY 130, ¶ 29 , 519 P.3d 300 , 308 (Wyo. 2022) (quoting Solem v. Helm, 463 U.S. 277, 292 (1983)) (internal quotations omitted) (“Solem factors”). 2025To determine whether a punishment is proportional under Article 1, Section 14, we previously applied the following federal test: (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[.] Villafana v. State, 2022 WY 130, ¶ 29 , 519 P.3d 300 , 308 (Wyo. 2022) (quoting Solem v. Helm, 463 U.S. 277, 292 (1983)) (internal quotations omitted) (“Solem factors”). | 1 | 2025–2025 |
Hagen v. Utah
green
2 sentences2008Id., 510 U.S. at 420-21 , 114 S.Ct. at 970 . [¶23] The Solem factors again were applied to resolve a similar issue in Sowth Dakota v. Yankton Sioux Tribe, 522 U.S. 329 , 118 S.Ct. 789 , 139 L.Ed.2d 773 (1998). 2008Id., 510 U.S. at 420-21 , 114 S.Ct. at 970 . [¶23] The Solem factors again were applied to resolve a similar issue in Sowth Dakota v. Yankton Sioux Tribe, 522 U.S. 329 , 118 S.Ct. 789 , 139 L.Ed.2d 773 (1998). | 1 | 2008–2008 |
South Dakota v. Yankton Sioux Tribe
green
2 sentences2008Id., 510 U.S. at 420-21 , 114 S.Ct. at 970 . [¶23] The Solem factors again were applied to resolve a similar issue in Sowth Dakota v. Yankton Sioux Tribe, 522 U.S. 329 , 118 S.Ct. 789 , 139 L.Ed.2d 773 (1998). 2008Id., 510 U.S. at 420-21 , 114 S.Ct. at 970 . [¶23] The Solem factors again were applied to resolve a similar issue in Sowth Dakota v. Yankton Sioux Tribe, 522 U.S. 329 , 118 S.Ct. 789 , 139 L.Ed.2d 773 (1998). | 1 | 2008–2008 |
Jerry Carlo Moreno v. W.J. Estelle, Jr., Director, Texas Department of Corrections, and Jim Mattox, Attorney General of the State of Texas
green
2 sentences1986The Fifth Circuit Court of Appeals similarly declined to make an extended Solem analysis in Moreno v. Estelle, 717 F.2d 171 (5th Cir.1983), cert. denied 466 U.S. 975 , 104 S.Ct. 2353 , 80 L.Ed.2d 826 (1984). 1986Since the appellant’s sentence was not clearly distinguishable, the appeals court denied his request for a remand to the district *1379 court for a Solem analysis. 717 F.2d at 18Ó-181. | 1 | 1986–1986 |
Moreno v. McKaskle
green
1 sentence1986The Fifth Circuit Court of Appeals similarly declined to make an extended Solem analysis in Moreno v. Estelle, 717 F.2d 171 (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 sentence1986The Fifth Circuit Court of Appeals similarly declined to make an extended Solem analysis in Moreno v. Estelle, 717 F.2d 171 (5th Cir.1983), cert. denied 466 U.S. 975 , 104 S.Ct. 2353 , 80 L.Ed.2d 826 (1984). | 1 | 1986–1986 |
Mock v. United States
green
1 sentence1986The Fifth Circuit Court of Appeals similarly declined to make an extended Solem analysis in Moreno v. Estelle, 717 F.2d 171 (5th Cir.1983), cert. denied 466 U.S. 975 , 104 S.Ct. 2353 , 80 L.Ed.2d 826 (1984). | 1 | 1986–1986 |
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.