disproportionality challenge in West Virginia

46 West Virginia opinions name it 1 courts 1980–2024 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 (7)

Case	Followed	Cited
State v. Coopergreen wva · 1983 · cited in 19 West Virginia opinions naming this issue, 2000–2022 2 sentences 2021When it cannot be said that a sentence shocks the conscience, a disproportionality challenge is guided by the objective test we spelled out in Syllabus Point 5 of Wanstreet v. Bordenkircher, 166 W.Va. 523 , 276 S.E.2d 205 (1981): In determining whether a given sentence violates the proportionality principle found in Article III, Section 5 of the West Virginia Constitution, consideration is given 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 wit 2020When it cannot be said that a sentence shocks the conscience, a disproportionality challenge is guided by the objective test[.] Cooper, 172 W.Va. at 272 , 304 S.E.2d at 857 .	4	19
State v. Rossgreen wva · 1990 · cited in 9 West Virginia opinions naming this issue, 1995–2022 2 sentences 2016Va. 579 , 402 S.E.2d 248 (1990), this Court affirmed a 100-year sentence for the crime of attempted aggravated robbery, and stated that “a disproportionality challenge should be resolved by more objective factors which include consideration of the nature of the offense, the defendant’s past criminal history, and his proclivity to engage in violent criminal acts.” Ross, 184 W. 2009As previously described by this Court, the second test charges that “a disproportionality challenge should be resolved by inore objective factors which include the consideration of the nature of the offense, the defendant’s past criminal history, and his proclivity to engage in violent acts.” State v. Broughton, 196 W.Va. 281, 292 , 470 S.E.2d 413, 424 (1996) (quoting State v. Ross, 184 W.Va. 579, 581-82 , 402 S.E.2d 248, 250-51 (1990)).	4	9
Wanstreet v. Bordenkirchergreen wva · 1981 · cited in 31 West Virginia opinions naming this issue, 1983–2024 2 sentences 2022When it cannot be said that a sentence shocks the conscience, a disproportionality challenge is guided by the objective test we spelled out in Syllabus Point 5 of Wanstreet v. Bordenkircher, 166 W.Va. 523 , 276 S.E.2d 205 (1981): In determining whether a given sentence violates the proportionality principle found in Article III, Section 5 of the West Virginia Constitution, consideration is given 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 wit 2022When it cannot be said that a sentence shocks the conscience, a disproportionality challenge is guided by the objective test we spelled out in Syllabus Point 5 of Wanstreet v. Bordenkircher, 166 W.Va. 523 , 276 S.E.2d 205 (1981): In determining whether a given sentence violates the proportionality principle found in Article III, Section 5 of the West Virginia Constitution, consideration is given 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 wit	3	31
State v. Manleygreen wva · 2002 · cited in 3 West Virginia opinions naming this issue, 2014–2015 2 sentences 2015State v. Manley, 212 W.Va. 509, 512-13 , 575 S.E.2d 119, 122-23 (2002) (quoting Wanstreet v. Bordenkircher, 166 W.Va. 523, 531-32 , 276 S.E.2d 205, 211 (1981)). 2015State v. Manley, 212 W.Va. 509, 512-13 , 575 S.E.2d 119, 122-23 (2002) (quoting Wanstreet v. Bordenkircher, 166 W.Va. 523, 531-32 , 276 S.E.2d 205, 211 (1981)).	2	3
State v. Broughtongreen wva · 1996 · cited in 2 West Virginia opinions naming this issue, 2009–2017 2 sentences 2017As previously explained by this Court, the second test charges that “a disproportionality challenge should be resolved by more objective factors which include the consideration of the nature of the offense, the defendant’s past criminal history, and his proclivity to engage in violent acts.” State v. Broughton, 196 W.Va. 281, 292 , 470 S.E.2d 413, 424 (1996). 2017As previously explained by this Court, the second test charges that “a disproportionality challenge should be resolved by more objective factors which include the consideration of the nature of the offense, the defendant’s past criminal history, and his proclivity to engage in violent acts.” State v. Broughton, 196 W.Va. 281, 292 , 470 S.E.2d 413, 424 (1996).	2	2
State v. Houstongreen wva · 1980 · cited in 2 West Virginia opinions naming this issue, 2003–2008 2 sentences 2008The trial court properly found that Ms. Walls was not returned or permitted to return but rather she escaped. [7] The parties to this case agree that the appellant is eligible for parole after thirteen years, one month and eleven days, or thirteen years and three months, depending on whether he is granted good time on the domestic battery conviction. [8] In State v. Houston, 166 W.Va. 202, 209 , 273 S.E.2d 375, 379 (1980), this Court opined that "[w]ith the exception of the life recidivist statute discussed in State v. Vance, [ 164 W.Va. 216 , 262 S.E.2d 423 (1980)], we do not believe that the 2008The trial court properly found that Ms. Walls was not returned or permitted to return but rather she escaped. [7] The parties to this case agree that the appellant is eligible for parole after thirteen years, one month and eleven days, or thirteen years and three months, depending on whether he is granted good time on the domestic battery conviction. [8] In State v. Houston, 166 W.Va. 202, 209 , 273 S.E.2d 375, 379 (1980), this Court opined that "[w]ith the exception of the life recidivist statute discussed in State v. Vance, [ 164 W.Va. 216 , 262 S.E.2d 423 (1980)], we do not believe that the	2	2
State v. Martingreen wva · 1987 · cited in 5 West Virginia opinions naming this issue, 1990–2018 2 sentences 2018State v. Ross, 184 W.Va. 579, 581-82 , 402 S.E.2d 248, 250-51 (1990) (citing State v. Martin, 177 W.Va. 758 , 356 S.E.2d 629 (1987); State v. Glover, 177 W.Va. 650 , 355 S.E.2d 631 (1987); State v. Buck, 173 W.Va. 243 , 314 S.E.2d 406 (1984)). 3 In syllabus point 4 of Wanstreet v. Bordenkircher, 166 W.Va. 523 , 276 S.E.2d 205 (1981), we held that “[w]hile our constitutional proportionality standards theoretically can apply to any criminal sentence, they are basically applicable to those sentences where there is either no fixed maximum set by statute or where there is a life recidivist sentence 2018State v. Ross, 184 W.Va. 579, 581-82 , 402 S.E.2d 248, 250-51 (1990) (citing State v. Martin, 177 W.Va. 758 , 356 S.E.2d 629 (1987); State v. Glover, 177 W.Va. 650 , 355 S.E.2d 631 (1987); State v. Buck, 173 W.Va. 243 , 314 S.E.2d 406 (1984)). 3 In syllabus point 4 of Wanstreet v. Bordenkircher, 166 W.Va. 523 , 276 S.E.2d 205 (1981), we held that “[w]hile our constitutional proportionality standards theoretically can apply to any criminal sentence, they are basically applicable to those sentences where there is either no fixed maximum set by statute or where there is a life recidivist sentence	1	5

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

Case	Cited	Years
State v. Vance green wva · 1980 2 sentences 2015With the exception of the life recidivist statute discussed in State v. Vance, [ 164 W.Va. 216 , 262 S.E.2d 423 (1980)], we do not believe that the disproportionality principle can have any significant application other than to this type of sentencing statute. 2015With the exception of the life recidivist statute discussed in State v. Vance, [ 164 W.Va. 216 , 262 S.E.2d 423 (1980)], we do not believe that the disproportionality principle can have any significant application other than to this type of sentencing statute.	9	1980–2021
State v. Glover green wva · 1987 2 sentences 2018State v. Ross, 184 W.Va. 579, 581-82 , 402 S.E.2d 248, 250-51 (1990) (citing State v. Martin, 177 W.Va. 758 , 356 S.E.2d 629 (1987); State v. Glover, 177 W.Va. 650 , 355 S.E.2d 631 (1987); State v. Buck, 173 W.Va. 243 , 314 S.E.2d 406 (1984)). 3 In syllabus point 4 of Wanstreet v. Bordenkircher, 166 W.Va. 523 , 276 S.E.2d 205 (1981), we held that “[w]hile our constitutional proportionality standards theoretically can apply to any criminal sentence, they are basically applicable to those sentences where there is either no fixed maximum set by statute or where there is a life recidivist sentence 2018State v. Ross, 184 W.Va. 579, 581-82 , 402 S.E.2d 248, 250-51 (1990) (citing State v. Martin, 177 W.Va. 758 , 356 S.E.2d 629 (1987); State v. Glover, 177 W.Va. 650 , 355 S.E.2d 631 (1987); State v. Buck, 173 W.Va. 243 , 314 S.E.2d 406 (1984)). 3 In syllabus point 4 of Wanstreet v. Bordenkircher, 166 W.Va. 523 , 276 S.E.2d 205 (1981), we held that “[w]hile our constitutional proportionality standards theoretically can apply to any criminal sentence, they are basically applicable to those sentences where there is either no fixed maximum set by statute or where there is a life recidivist sentence	5	1990–2018
State v. Buck green wva · 1984 2 sentences 2018State v. Ross, 184 W.Va. 579, 581-82 , 402 S.E.2d 248, 250-51 (1990) (citing State v. Martin, 177 W.Va. 758 , 356 S.E.2d 629 (1987); State v. Glover, 177 W.Va. 650 , 355 S.E.2d 631 (1987); State v. Buck, 173 W.Va. 243 , 314 S.E.2d 406 (1984)). 3 In syllabus point 4 of Wanstreet v. Bordenkircher, 166 W.Va. 523 , 276 S.E.2d 205 (1981), we held that “[w]hile our constitutional proportionality standards theoretically can apply to any criminal sentence, they are basically applicable to those sentences where there is either no fixed maximum set by statute or where there is a life recidivist sentence 2018State v. Ross, 184 W.Va. 579, 581-82 , 402 S.E.2d 248, 250-51 (1990) (citing State v. Martin, 177 W.Va. 758 , 356 S.E.2d 629 (1987); State v. Glover, 177 W.Va. 650 , 355 S.E.2d 631 (1987); State v. Buck, 173 W.Va. 243 , 314 S.E.2d 406 (1984)). 3 In syllabus point 4 of Wanstreet v. Bordenkircher, 166 W.Va. 523 , 276 S.E.2d 205 (1981), we held that “[w]hile our constitutional proportionality standards theoretically can apply to any criminal sentence, they are basically applicable to those sentences where there is either no fixed maximum set by statute or where there is a life recidivist sentence	5	1990–2018
State v. Ayers green iowa · 1999 1 sentence 2019That test provides as follows: In determining whether a given sentence violates the proportionality principle found in Article III, Section 5 of the West Virginia Constitution, consideration is given 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 2 Petitioner relies upon State v. Ayers, 590 N.W.2d 25 (Iowa 1999), in support of this argument.	1	2019–2019
State v. David D. W. green wva · 2003 2 sentences 2016Petitioner notes that in State v. David D.W., 214 W.Va. 167 , 588 S.E.2d 156 (2003), and State v. Richardson, 214 W.Va. 410 , 589 S.E.2d 552 (2003), we deviated from the law established in Goodnight to find that sentences within statutory limits could be unconstitutional pursuant to a disproportionality analysis. 2016Petitioner notes that in State v. David D.W., 214 W.Va. 167 , 588 S.E.2d 156 (2003), and State v. Richardson, 214 W.Va. 410 , 589 S.E.2d 552 (2003), we deviated from the law established in Goodnight to find that sentences within statutory limits could be unconstitutional pursuant to a disproportionality analysis.	1	2016–2016
State v. Richardson green wva · 2003 2 sentences 2016Petitioner notes that in State v. David D.W., 214 W.Va. 167 , 588 S.E.2d 156 (2003), and State v. Richardson, 214 W.Va. 410 , 589 S.E.2d 552 (2003), we deviated from the law established in Goodnight to find that sentences within statutory limits could be unconstitutional pursuant to a disproportionality analysis. 2016Petitioner notes that in State v. David D.W., 214 W.Va. 167 , 588 S.E.2d 156 (2003), and State v. Richardson, 214 W.Va. 410 , 589 S.E.2d 552 (2003), we deviated from the law established in Goodnight to find that sentences within statutory limits could be unconstitutional pursuant to a disproportionality analysis.	1	2016–2016
State v. Miller green wva · 1995 2 sentences 1995With regard to claims of ineffective assistance of counsel, we recently held in syllabus points 5 and 6 of State v. Milter, 194 W.Va. 3 , 459 S.E.2d 114 (1995): 5. 1995With regard to claims of ineffective assistance of counsel, we recently held in syllabus points 5 and 6 of State v. Milter, 194 W.Va. 3 , 459 S.E.2d 114 (1995): 5.	1	1995–1995

Statutes the citing opinions construe

WV § W. Va. Code § 61-2-12 (17) WV § W. Va. Code § 61-2-14a (5) WV § W. Va. Code § 61-11-21 (4) WV § W. Va. Code § 61-2-3 (4) WV § W. Va. Code § 61-3-13 (4) WV § W. Va. Code § 61-8B-1 (4) WV § W. Va. Code § 61-8B-7 (4) WV § W. Va. Code § 62-12-26 (4) WV § W. Va. Code § 15-12-2a (3) WV § W. Va. Code § 25-4-1 (3) WV § W. Va. Code § 61-8B-3 (3) WV § W. Va. Code § 61-8D-1 (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.

Where else courts name it

WV 46 (1980–2024) TX 19 (1995–2025) MS 15 (2000–2022) OR 11 (1984–2024) CA 10 (1991–2025) MA 7 (1976–2019) OH 4 (1990–2016) ME 4 (2011–2020) WA 4 (2018–2023) IA 3 (1998–2023) AZ 3 (1985–2004) FL 3 (2000–2008) KS 3 (1980–2014) NY 2 (1975–1994) PA 2 (2017–2017) VA 2 (1982–1993) IN 2 (1994–2000)

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.

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