6 Rhode Island opinions name it 2 courts 2004–2017 0 in the last five years
The cases below were cited by Rhode Island 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 |
|---|---|---|
Ewing v. Californiagreen2 sentences2007“The overriding inquiry for determining ‘proportionality’ is whether the sentence is commensurate with the gravity of the crime.” McKinney, 843 A.2d at 469 (citing Ewing, 538 U.S. at 23 , 123 S.Ct. 1179 (Kennedy, J., concurring)). 2007“The overriding inquiry for determining ‘proportionality’ is whether the sentence is commensurate with the gravity of the crime.” McKinney, 843 A.2d at 469 (citing Ewing, 538 U.S. at 23 , 123 S.Ct. 1179 (Kennedy, J., concurring)). | 1 | 2 |
State v. Amadogreen1 sentence2012Such a conclusive presumption “conflict[s] with the overriding presumption of innocence with which the law endows the accused and which extends to every element of the crime.” Sandstrom, 442 U.S. at 523 , 99 S.Ct. 2450 (internal quotation marks omitted); see also Amado, 433 A.2d at 241 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McKinney v. State
green
2 sentences2017“The overriding inquiry for determining ‘proportionality’ -is whether the sentence is commensurate with the gravity of. the crime.” Id. at 795 (quoting McKinney, 843 A.2d at 469 ). 2017“The overriding inquiry for determining ‘proportionality’ -is whether the sentence is commensurate with the gravity of. the crime.” Id. at 795 (quoting McKinney, 843 A.2d at 469 ). | 4 | 2005–2017 |
Sandstrom v. Montana
green
2 sentences2012Such a conclusive presumption “conflict[s] with the overriding presumption of innocence with which the law endows the accused and which extends to every element of the crime.” Sandstrom, 442 U.S. at 523 , 99 S.Ct. 2450 (internal quotation marks omitted); see also Amado, 433 A.2d at 241 . 2012Such a conclusive presumption “conflict[s] with the overriding presumption of innocence with which the law endows the accused and which extends to every element of the crime.” Sandstrom, 442 U.S. at 523 , 99 S.Ct. 2450 (internal quotation marks omitted); see also Amado, 433 A.2d at 241 . | 1 | 2012–2012 |
Harmelin v. Michigan
green
2 sentences2004See Ewing, 538 U.S. 11 , 123 S.Ct. 1179 , 155 L.Ed.2d at 119 ; Harmelin, 501 U.S. at 1001 , 111 S.Ct. 2680 (Kennedy J., concurring). 2004See Ewing, 538 U.S. 11 , 123 S.Ct. 1179 , 155 L.Ed.2d at 119 ; Harmelin, 501 U.S. at 1001 , 111 S.Ct. 2680 (Kennedy J., concurring). | 1 | 2004–2004 |
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.