Proportionality Of Punishment

51 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Jackson v. State
  575 So. 2d 181· Fla.· 1991-01-18 ·cited 277×
  Clinton Jackson was convicted of armed robbery and first-degree murder in the death of a hardware store owner during a robbery. The Florida Supreme Court affirmed the convictions but vacated the death sentence, finding insufficient evidence of the culpable mental state required u
• Kelsey v. State
  206 So.3d 5· Fla.· 2016-12-08 ·cited 133×
  The Florida Supreme Court held that juvenile offenders whose original sentences violated Graham v. Florida and who were subsequently resentenced prior to the effective date of chapter 2014-220 are entitled to be resentenced under the statute's provisions. The court answered a cer
• Provenzano v. Moore
  744 So. 2d 413· Fla.· 1999-09-24 ·cited 64×
  Execution by electrocution in Florida's electric chair as it presently functions does not constitute cruel or unusual punishment and therefore is not unconstitutional. Pain is the critical factor in evaluating methods of execution, and the record demonstrates that electrocution r
• United States v. O'Driscoll
  761 F.2d 589· 10th Cir.· 1985-05-07 ·cited 64×
  The court held that a 300-year sentence for kidnapping, with parole eligibility after 99 years, is within statutory limits and not an abuse of discretion, as it falls under the 'any term of years' provision and the trial court properly applied sentencing statutes.
• Hart v. Ira M. Coiner
  483 F.2d 136· 4th Cir.· 1973-07-13 ·cited 64×
  The dissenting judge would reverse the denial of habeas relief based on ineffective assistance of counsel in a prior conviction used for habitual offender sentencing.
• United States v. Busher
  817 F.2d 1409· 9th Cir.· 1987-05-26 ·cited 62×
  The court held that while the conviction is affirmed, the forfeiture order must be reviewed by the district court for proportionality under the Eighth Amendment.
• Scott v. State
  66 So. 3d 923· Fla.· 2011-06-30 ·cited 57×
  Kevin Jerome Scott was convicted of first-degree murder, attempted armed robbery, and aggravated battery for his role in a 2007 coin laundry robbery that resulted in the death of Kristo Binjaku. The Florida Supreme Court affirmed his murder conviction but vacated the death senten
• Laisha L. Landrum v. State
  192 So. 3d 459· Fla.· 2016-06-09 ·cited 43×
  Laisha Landrum, sentenced to life without parole at age 16 for second-degree murder, challenged her sentence as unconstitutional. The Florida Supreme Court held that Miller v. Alabama's requirement of individualized consideration of juvenile offenders' youth applies even in discr
• Yusaf Asad Madyun v. Franzen
  704 F.2d 954· 7th Cir.· 1983-04-05 ·cited 30×
  The state may require male prison inmates, even those with religious objections, to submit to frisk searches by women guards, and the punishment for refusal was not excessive.
• United States v. Sato
  814 F.2d 449· 7th Cir.· 1987-03-16 ·cited 28×
  The court held that the district court did not abuse its discretion in refusing to admit an unpublished order as evidence and in imposing a $20,000 fine, as the order was not relevant to the defense and the fine was within statutory limits and not excessive.
• Rummel v. Estelle
  568 F.2d 1193· 5th Cir.· 1978-03-06 ·cited 28×
  The court granted a rehearing en banc, indicating a potential shift in precedent regarding the application of the Eighth Amendment to habitual offender statutes.
• Drewery Geter v. State
  115 So. 3d 385· Fla. 3d DCA· 2013-06-26 ·cited 25×
  The dissenting judge argues that the U.S. Supreme Court's decision in Miller v. Alabama, which declared mandatory life without parole for juveniles unconstitutional, should be applied retroactively to cases already final on direct appeal. The dissent contends that the nature of t
• Roberts v. Collins
  544 F.2d 168· 4th Cir.· 1976-10-28 ·cited 22×
  The court held that imposing a sentence for simple assault that exceeds the statutory maximum for assault with intent to murder constitutes cruel and unusual punishment under the Eighth Amendment.
• Sostre v. Preiser
  519 F.2d 763· 2d Cir.· 1975-06-19 ·cited 20×
  The court held that the record was insufficient to determine the validity of the prison rules and the denial of the preliminary injunction.
• Francisco v. Campbell
  625 F.2d 266· 9th Cir.· 1980-08-11 ·cited 18×
  The court held that the Navy's removal of Francisco was an abuse of discretion because only one charge was supported by substantial evidence and the punishment was disproportionate to the offense.
• United States v. Simpson
  481 F.2d 582· 5th Cir.· 1973-06-29 ·cited 18×
  The court held that the imposition of a special parole term under 21 U.S.C. § 841(b)(1)(B) does not violate the Fifth Amendment due process clause or the Eighth Amendment, and that challenges to the specific conditions or supervision of parole are not ripe for adjudication before
• Scott v. State
  657 So. 2d 1129· Fla.· 1995-03-16 ·cited 17×
  Paul Scott, convicted and sentenced to death for a 1978 murder, appeals the denial of his third Rule 3.850 motion, claiming Brady violations based on newly discovered evidence suggesting his co-defendant Kondian, not Scott, committed the murder. The Florida Supreme Court reverses
• United States v. Smith
  818 F.2d 687· 9th Cir.· 1987-05-27 ·cited 16×
  The court held that the $25 assessment imposed under 18 U.S.C. § 3013 is a punishment, but its imposition does not violate the Eighth Amendment, Fifth Amendment due process, or equal protection. The court also held that the assessment does not violate the Seventh Amendment right
• United States v. Desmarais
  938 F.2d 347· 1st Cir.· 1991-07-17 ·cited 14×
  The court affirmed the conviction and forfeiture, holding that the trial court did not err in bifurcating the trials, admitting evidence of a prior suspicious package, denying motions for acquittal, or in its jury instructions regarding forfeiture.
• Am. Library Ass'n v. Barr
  956 F.2d 1178· D.C. Cir.· 1992-02-19 ·cited 13×
  The court held that challenges to pretrial seizure provisions of the Act are justiciable and that these provisions are unconstitutional as they allow seizure of expressive material without an adversary judicial determination of obscenity or child pornography.
• Chapman v. Pickett
  801 F.2d 912· 7th Cir.· 1986-09-15 ·cited 12×
  The court affirmed the district court's judgment, holding that prison officials were individually liable for violating a prisoner's Eighth Amendment rights through prolonged, unjustified segregation, and that the damage award was not clearly erroneous.
• Paey v. State
  943 So. 2d 919· Fla. 2d DCA· 2006-12-06 ·cited 10×
  Richard Vincent Paey appeals his conviction for drug trafficking and challenges the constitutionality of his 25-year mandatory minimum sentences under the Eighth Amendment and Florida Constitution. The court affirms, holding that the sentences are not grossly disproportionate to
• Phillips v. State
  286 So. 3d 905· Fla. 1st DCA· 2019-12-17 ·cited 9×
  Joshua Phillips appeals his sentence of life in prison for first-degree murder committed at age fourteen, challenging whether the sentence and Florida's juvenile sentencing statutes violate the Eighth Amendment. The court affirms, holding that because Phillips received a life sen
• Phillips v. State
  289 So. 2d 447· Fla. 2d DCA· 1974-02-08 ·cited 9×
  Robert Phillips appeals the denial of his motion to withdraw a guilty plea to manslaughter in the death of Harold Kneeland. The court affirmed the denial, holding that Phillips's conduct was sufficiently violent to support a manslaughter conviction and that his negotiated plea to
• McCLASKEY v. United States Dep't OF Energy
  720 F.2d 583· 9th Cir.· 1983-10-18 ·cited 8×
  The dissent argues that the Merit Systems Protection Board's decision to dismiss an employee for a minor, secondary role in a scheme, despite an exemplary record, constitutes an abuse of discretion and a failure to promote the efficiency of the service.
• Deangelus v. State
  614 So. 2d 1194· Fla. 2d DCA· 1993-02-26 ·cited 4×
  Appellant's conviction for driving under the influence stands, and restitution is properly imposed, but the amount of $95,172.23 is reversed because appellant established her inability to pay and must be remanded for a reasonable amount within her financial capacity.
• Kilby v. Otie Jones
  809 F.2d 324· 6th Cir.· 1987-01-16 ·cited 4×
• Brown v. United States Postal Serv.
  860 F.2d 884· 9th Cir.· 1988-10-26 ·cited 2×
• United States v. Mallory
  525 F. Supp. 2d 1316· S.D. Fla.· 2007-10-31
  The court held that criminal contempt under 18 U.S.C. § 401 is a Class A felony based on the plain language of the statute, and that the three-level enhancement for substantial interference with the administration of justice was warranted.
• Bethea v. Scully
  834 F.2d 257· 2d Cir.· 1987-11-19
  A state's felony murder conviction based on a predicate felony requiring only reckless conduct, such as arson, does not violate fundamental principles of justice or the Constitution.
• Hayes v. Bordenkircher
  621 F.2d 846· 6th Cir.· 1980-05-29
  The court held that the application of Kentucky's repealed recidivist statute to impose a mandatory life sentence for a third felony conviction did not constitute cruel and unusual punishment under the Eighth Amendment, following Supreme Court precedent.
• Francioni v. State
  369 So. 2d 951· Fla. 3d DCA· 1978-08-15
  A mandatory three-year minimum sentence for aggravated assault committed with a firearm is constitutional and not cruel and unusual punishment under the Eighth Amendment, even when the facts suggest the sentence is harsh.
• Herman v. Univ. OF S.C.
  457 F.2d 902· 4th Cir.· 1972-03-27
  The court affirmed the district court's denial of damages and reinstatement, agreeing with the lower court's reasoning.
• Ass'n OF THE BAR OF THE City OF NEW York & N.Y. Cnty. Lawyers Ass'n v. Isserman
  271 F.2d 784· 2d Cir.· 1959-09-09
  Disbarment is reversed and the proceeding dismissed because the punishment is discriminatorily severe and disproportionate to the appellant's conduct.