Cited by
Opinions in Louisiana that cite State v. Brogdon, 457 So. 2d 616.
- State v. Gordon 504 So. 2d 1135 La. Ct. App. 5th Cir. 1987
- State v. Freeman 503 So. 2d 501 La. Ct. App. 4th Cir. 1987
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State v. Mouton
503 So. 2d 651
La. Ct. App. 1st Cir. 1987
The imposition of a sentence, although within the statutory limit, may be unconstitutionally 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 v. Hutchins 502 So. 2d 606 La. Ct. App. 3d Cir. 1987
- State v. Gray 502 So. 2d 1114 La. Ct. App. 4th Cir. 1987
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State v. Donahue
499 So. 2d 1280
La. Ct. App. 1st Cir. 1986
tory limit, may violate a defendant’s constitutional right against excessive punishment.” 367 So.2d at 767 “A constitutionally excessive sentence is one that is grossly out of proportion to the severity of the crime, or makes no measurable contribution to acceptable goals of punishment and hence is nothing more than the purposeless and needless imposition of pain and suffering.” cert.
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State v. Baker
499 So. 2d 338
La. Ct. App. 1st Cir. 1986
certiorari denied Brogdon v. Louisiana, 471 U.S. 1111 , 105 S.Ct.
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State v. Preston
498 So. 2d 79
La. Ct. App. 1st Cir. 1986
Article 1, Section 20 of the Louisiana Constitution of 1974 prohibits “cruel, excessive or unusual punishment.” A sentence is considered excessive if “grossly out of proportion to the severity of the crime” or “is nothing more than the purposeless and needless imposition of pain and suffering.” on remand cert.
- State v. Parr 498 So. 2d 103 La. Ct. App. 5th Cir. 1986
- State v. Koelemay 497 So. 2d 321 La. Ct. App. 2d Cir. 1986
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State v. Smith
496 So. 2d 1221
La. Ct. App. 1st Cir. 1986
Article I, Section 20 of the Louisiana Constitution of 1974 prohibits “cruel, *1224 excessive or unusual punishment.” A sentence is considered excessive if “grossly out of proportion to the severity of the crime” or “is nothing more than the purposeless and needless imposition of pain and suffering.” cert.
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State v. Batista
496 So. 2d 1165
La. Ct. App. 4th Cir. 1986
cert denied 471 U.S. 1111 , 105 S.Ct.
- State v. Brumfield 496 So. 2d 425 La. Ct. App. 4th Cir. 1986
- State v. Huckaby 495 So. 2d 404 La. Ct. App. 1st Cir. 1986
- State v. Loyd 489 So. 2d 898 La. 1986
- State v. Moore 490 So. 2d 556 La. Ct. App. 4th Cir. 1986
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State v. Manning
490 So. 2d 484
La. Ct. App. 1st Cir. 1986
The imposition of a sentence may be unconstitutionally 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.” U.S. cert.
- State v. Dawson 490 So. 2d 560 La. Ct. App. 4th Cir. 1986
- State v. Johnson 489 So. 2d 301 La. Ct. App. 4th Cir. 1986
- State v. Fernandez 489 So. 2d 345 La. Ct. App. 4th Cir. 1986
- State v. Isaac 487 So. 2d 565 La. Ct. App. 4th Cir. 1986
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State v. Graham
486 So. 2d 1139
La. Ct. App. 2d Cir. 1986
939 , 83 L.Ed.2d 952 (1985); cert.
- State v. Ford 489 So. 2d 1250 La. 1986
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State v. Brown
483 So. 2d 1261
La. Ct. App. 1st Cir. 1986
The imposition of a sentence, although within the statutory maximum, may be unconstitutionally 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.” cert.
- State v. Claiborne 483 So. 2d 1301 La. Ct. App. 4th Cir. 1986
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State v. Rovira
483 So. 2d 1093
La. Ct. App. 1st Cir. 1986
The imposition of a sentence, although within the statutory limit, may be unconstitutionally 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.” cert.
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State v. Augustine
482 So. 2d 150
La. Ct. App. 4th Cir. 1986
cert den., Brogdon v. Louisiana, ___ U.S. ___, 105 S.Ct.
- State v. Francis 482 So. 2d 154 La. Ct. App. 4th Cir. 1986
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State v. Mitchell
480 So. 2d 388
La. Ct. App. 1st Cir. 1985
cert denied; Brogdon v. State of Louisiana, — U.S. -, 105 S.Ct.
- State v. Johnston 480 So. 2d 823 La. Ct. App. 2d Cir. 1985
- State v. Smart 478 So. 2d 559 La. Ct. App. 2d Cir. 1985
- State v. Caston 477 So. 2d 868 La. Ct. App. 4th Cir. 1985
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State v. Jones
474 So. 2d 919
La. 1985
(1983), affirmed after remand (1984), cert.
- State v. Dixon 471 So. 2d 282 La. Ct. App. 4th Cir. 1985
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State v. David
468 So. 2d 1126
La. 1984
Although Gregg v. Georgia, supra, and more recently, acknowledge a proper narrowing construction by a trial judge of a vague and overbroad aggravating circumstance can, in effect, constitutionalize an otherwise unconstitutional provision, those cases are not dispositive of the instant statutory infirmity.
- State v. Nelson 459 So. 2d 510 La. 1984
- State v. Wingo 457 So. 2d 1159 La. 1984