Topic: sentences imposed under statutes providing no upper limits … · Go Syfert
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Topic #15310

3 canonical passages across 3 cases, quoted by 26 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from State v. Tyler.

#Case FlagCanonical passage Citers
1 State v. Tyler Anchor
wva · 2002
green “sentences imposed under statutes providing no upper limits may be contested based upon allegations of violation of the proportionality principles contained in article iii, section 5 of the west virginia constitution.” 12
2 State v. Adams
wva · 2002
green “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 same jurisdiction.” 8
3 State, Department of Health & Human Resources Ex Rel. Robert Michael B. v. Robert Morris N.
wva · 1995
green “a skeletal 'argument', really nothing more than an assertion, does not preserve a claim.” 6

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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