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6 Washington opinions name it 2 courts 2018–2025 4 in the last five years
The cases below were cited by Washington 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 |
|---|---|---|
State v. Faingreen2 sentences2018The Fain proportionality factors include "(1) the nature of the offense; (2) the legislative purpose behind the [relevant] statute; (3) the punishment defendant would have received in other jurisdictions for the same offense; and (4) the punishment meted out for other offenses in the same jurisdiction." 94 Wash.2d at 397 , 617 P.2d 720 . ¶ 48 The majority casts aside the Fain analysis on the ground that it "does not include significant consideration of the characteristics of the offender class," and is thus "ill suited" to address claims based on "the nature of children." Majority at 351. 2018The Fain proportionality factors include "(1) the nature of the offense; (2) the legislative purpose behind the [relevant] statute; (3) the punishment defendant would have received in other jurisdictions for the same offense; and (4) the punishment meted out for other offenses in the same jurisdiction." 94 Wash.2d at 397 , 617 P.2d 720 . ¶ 48 The majority casts aside the Fain analysis on the ground that it "does not include significant consideration of the characteristics of the offender class," and is thus "ill suited" to address claims based on "the nature of children." Majority at 351. | 1 | 6 |
Dewey Hart v. Ira M. Coiner, Warden of the West Virginia State Penitentiarygreen2 sentences2023Under this test, courts ask whether the sentence is grossly disproportionate to the crime based on four factors: “(1) the nature of the offense; (2) the legislative purpose behind the habitual criminal statute; (3) the punishment defendant would have received in other jurisdictions for the same offense; and (4) the punishment meted out for other offenses in the same jurisdiction.” Fain, 94 Wn.2d at 397 (citing Hart v. Coiner, 483 F.2d 136, 140-43 (4th Cir. 1973); State v. Gibson, 16 Wn. 2023Under this test, courts ask whether the sentence is grossly disproportionate to the crime based on four factors: “(1) the nature of the offense; (2) the legislative purpose behind the habitual criminal statute; (3) the punishment defendant would have received in other jurisdictions for the same offense; and (4) the punishment meted out for other offenses in the same jurisdiction.” Fain, 94 Wn.2d at 397 (citing Hart v. Coiner, 483 F.2d 136, 140-43 (4th Cir. 1973); State v. Gibson, 16 Wn. | 1 | 1 |
State v. Ramosgreen2 sentences2018See Ramos, 187 Wash.2d at 454 -55 , 387 P.3d 650 (explaining that we do not foreclose the possibility of following the Iowa Supreme Court's lead of adopting a categorical rule). ¶ 27 The Fain proportionality test considers (1) the nature of the offense, (2) the legislative purpose behind the statute, (3) the punishment the defendant would have received in other jurisdictions, and (4) the punishment meted out for other offenses in the same jurisdiction. 2018See Ramos, 187 Wash.2d at 454 -55 , 387 P.3d 650 (explaining that we do not foreclose the possibility of following the Iowa Supreme Court's lead of adopting a categorical rule). ¶ 27 The Fain proportionality test considers (1) the nature of the offense, (2) the legislative purpose behind the statute, (3) the punishment the defendant would have received in other jurisdictions, and (4) the punishment meted out for other offenses in the same jurisdiction. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Solem v. Helm
red
2 sentences2024Solem v. Helm, 463 U.S. 277, 292 , 103 S. Ct. 3001 , 77 L.Ed.2d 637 (1983). 2024Solem v. Helm, 463 U.S. 277, 292 , 103 S. Ct. 3001 , 77 L.Ed.2d 637 (1983). | 1 | 2024–2024 |
State v. Gibson
green
2 sentences2023Under this test, courts ask whether the sentence is grossly disproportionate to the crime based on four factors: “(1) the nature of the offense; (2) the legislative purpose behind the habitual criminal statute; (3) the punishment defendant would have received in other jurisdictions for the same offense; and (4) the punishment meted out for other offenses in the same jurisdiction.” Fain, 94 Wn.2d at 397 (citing Hart v. Coiner, 483 F.2d 136, 140-43 (4th Cir. 1973); State v. Gibson, 16 Wn. 2023Under this test, courts ask whether the sentence is grossly disproportionate to the crime based on four factors: “(1) the nature of the offense; (2) the legislative purpose behind the habitual criminal statute; (3) the punishment defendant would have received in other jurisdictions for the same offense; and (4) the punishment meted out for other offenses in the same jurisdiction.” Fain, 94 Wn.2d at 397 (citing Hart v. Coiner, 483 F.2d 136, 140-43 (4th Cir. 1973); State v. Gibson, 16 Wn. | 1 | 2023–2023 |
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.