Cited by

Opinions in Louisiana that cite State v. Brogdon, 457 So. 2d 616.

237 citing documents.

State of Louisiana v. Aljermon Henderson La. Ct. App. 3d Cir. 2020
State v. Brogdon, [ cert.
State of Louisiana in the Interest of M.S. . La. Ct. App. 4th Cir. 2020
to cruel, excessive, or unusual punishment.” Although within the statutory limits, a sentence is constitutionally excessive if it is “grossly out of proportion to the severity of the crime” or is “nothing more than the purposeless and needless imposition of pain and suffering.” (La.
State of Louisiana in the Interest of N.S. . La. Ct. App. 4th Cir. 2020
to cruel, excessive, or unusual punishment.” Although within the statutory limits, a sentence is constitutionally excessive if it is “grossly out of proportion to the severity of the crime” or is “nothing more than the purposeless and needless imposition of pain and suffering.” (La.
State ex rel. R.C. 208 So. 3d 962 La. Ct. App. 1st Cir. 2016
to cruel, excessive, or unusual punishment.” Although within the statutory limits, a sentence is constitutionally excessive if it is “grossly out of proportion to the severity of the crime” or is “nothing more than the purposéless and needless imposition of pain and suffering.” (La.
State v. Magee 103 So. 3d 285 La. 2012
handle of screwdriver and immersed him in scalding water, resulting in burns over 60% of victim’s body); (defendant slashed throats of 6 and 11-year-old victims during the course of an aggravated burglary); (defendant and co-defendant repeatedly raped 11-year-old boy and shot him several times); (defendant and accomplice repeatedly raped and tortured 11-year-old victim); (defendant killed his mother, his mother’s husband, his girlfriend, her 4-year-old chil, and the child’s father).
State v. Carter 84 So. 3d 499 La. 2012
(19-year-old defendant and a 17-year-old accomplice lured the 11-year-old victim into their car, drove her to an isolated spot, raped her repeatedly, forced oral sex, and then tortured her by beating her with a brick, shoving sharp objects into her vagina, and cutting her with a broken bottle).
State v. Bordelon 33 So. 3d 842 La. 2009
“Even after the misuse of her trust in Mississippi,” Kocke told jurors, “she still attempted to save Gerald’s life when he was electrocuted, only for him to come back in a week and rape and murder her.” Although defendant has a diagnostic profile of sexual sadism, the circumstances of Courtney LeBlanc’s which we described as of “unparallel savagery and brutality” on the basis of evidence that the defendant and |4!)his companion repeatedly raped the victim and forced her to perform multiple acts
State v. Reeves 11 So. 3d 1031 La. 2009
1745 , 161 L.Ed.2d 612 (2005); cert.
State v. Holmes 5 So. 3d 42 La. 2008
After reviewing the jurisprudence, cert.
State v. Anderson 996 So. 2d 973 La. 2008
1332 , 103 L.Ed.2d 600 (1989)
State v. Lee 976 So. 2d 109 La. 2008
tin, 93-0285 (La.10/17/94), ; cert.
State v. Galindo 968 So. 2d 1102 La. Ct. App. 4th Cir. 2007
State v. Draughn 950 So. 2d 583 La. 2007
Manning , XXXX-XXXX p. 67-68, 885 So.2d at 1103 ; cert.
State v. Weary 931 So. 2d 297 La. 2006
Manning , XXXX-XXXX p. 67-68, 885 So.2d at 1103 ; cert.
State v. Harris 892 So. 2d 1238 La. 2005
818 , 102 L.Ed.2d 807 (1989); cert.
State v. Manning 885 So. 2d 1044 La. 2004
State v. Legrand 864 So. 2d 89 La. 2004
State v. Carmouche 872 So. 2d 1020 La. 2003
State v. Clark 851 So. 2d 1055 La. 2003
lvado, 93-2692 (La.4/8/96), (defendant hit six-year-old stepson over the head with a screwdriver then submerged him in a bathtub of scalding water); Wille, (defendant killed eight-year-old female after committing after raping her along with another male); (defendant drowned three-year-old girl after raping her); (La.
State v. Allen 849 So. 2d 82 La. Ct. App. 1st Cir. 2003
the Louisiana Supreme Court stated that “[a] constitutionally excessive sentence is one that is grossly out of proportion to the severity of the crime....
State v. Wright 834 So. 2d 974 La. 2002
State v. Louviere 833 So. 2d 885 La. 2002
1332 , 103 L.Ed.2d 600 (1989); (fourth penalty phase hearing presently pending); cert.
State v. Bridgewater 823 So. 2d 877 La. 2002
State v. Bowie 813 So. 2d 377 La. 2002
State v. Deal 802 So. 2d 1254 La. 2001
State v. Duncan 802 So. 2d 533 La. 2001
(noting court free to "refer to similar cases or comparable cases elsewhere" in performing proportionality review).
State v. Coston 800 So. 2d 907 La. Ct. App. 1st Cir. 2001
State v. Deruise 802 So. 2d 1224 La. 2001
1332 , 103 L.Ed.2d 600 (1989)
State v. Blanchard 776 So. 2d 1165 La. 2001
-1336 (La.1990); -30 (La.
State v. Osborne 775 So. 2d 607 La. Ct. App. 4th Cir. 2000
State v. Myers 773 So. 2d 884 La. Ct. App. 1st Cir. 2000
to cruel, excessive or unusual punishment.” A sentence within the statutory limit is constitutionally excessive if it is “grossly out of proportion to the severity of the crime” or is “nothing more than the purposeless imposition of pain and suffering.” cert.
State v. McBride 776 So. 2d 546 La. Ct. App. 1st Cir. 2000
State v. Cosey 779 So. 2d 675 La. 2000
3277 , 97 L.Ed.2d 780 (1987); (fourth penalty phase hearing presently pending); cert.
State v. Hoffman 768 So. 2d 542 La. 2000
State v. Casey 775 So. 2d 1022 La. 2000
State v. Langley, 95-1489 (La.4/14/98), ; State v. Martin, 93-0285 (La.10/17/94), ; (La.
State v. Thibodeaux 750 So. 2d 916 La. 1999
1332 , 103 L.Ed.2d 600 (1989); (fourth penalty phase hearing presently pending); cert.
State v. Howard 751 So. 2d 783 La. 1999
State v. Frost 727 So. 2d 417 La. 1998
State v. Robertson 712 So. 2d 8 La. 1998
State v. Egana 703 So. 2d 223 La. Ct. App. 4th Cir. 1997
State v. Bourque 699 So. 2d 1 La. 1997
State v. Connolly 700 So. 2d 810 La. 1997
13 , 92 L.Ed.2d 768 (1986); cert.
State v. Koon 704 So. 2d 756 La. 1997
State v. Craig 699 So. 2d 865 La. 1997
State v. Woodberry 686 So. 2d 984 La. Ct. App. 4th Cir. 1996
State v. Addison 684 So. 2d 477 La. Ct. App. 4th Cir. 1996
State v. Gonzales 680 So. 2d 1253 La. Ct. App. 1st Cir. 1996
certiorari denied, Brogdon v. Louisiana, 471 U.S. 1111 , 105 S.Ct.
State v. Boyd 681 So. 2d 396 La. Ct. App. 1st Cir. 1996
to cruel, excessive or unusual punishment.” A sentence within the statutory limit is constitutionally excessive if it is “grossly out of proportion to the severity of the crime” or is “nothing more than the purposeless imposition of pain and suffering.” cert.
State v. Page 680 So. 2d 700 La. Ct. App. 4th Cir. 1996
State v. Bowman 677 So. 2d 1094 La. Ct. App. 4th Cir. 1996
certiorari denied, Brogdon v. Louisiana, 471 US 1111 , 105 S.Ct.