Legal Opinion

State v. Higginbottom

Supreme Court of North Carolina

Decided January 30, 1985No. 634A83PublishedCited by 56 opinions

1Opinion of the Court

BRANCH, Chief Justice.

Defendant first argues that his sentence of life imprisonment is unconstitutionally excessive and constitutes cruel and unusual punishment in violation of the eighth amendment to the Constitution of the United States.

The eighth amendment requires that “a criminal sentence ... be proportionate to the crime for which defendant has been convicted.” Solem v. Helm, 463 U.S. 277, 290 (1983); State v. Ysaguire, 309 N.C. 780, 309 S.E. 2d 436 (1983). We note, however, that only in “exceedingly unusual non-capital cases will the sentences imposed be so grossly disproportionate as…

2Cases cited18 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. State v. TaylorSupreme Court of North Carolina · 1981
  3. State v. Van McDougallSupreme Court of North Carolina · 1983
  4. State v. GreeneSupreme Court of North Carolina · 1974
  5. State v. CaseSupreme Court of North Carolina · 1960

13 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. State v. SmithSupreme Court of North Carolina · 1985
  2. State v. RameySupreme Court of North Carolina · 1986
  3. State v. BogleSupreme Court of North Carolina · 1989
  4. People v. HuddlestonIllinois Supreme Court · 2004
  5. State v. GreenSupreme Court of North Carolina · 1998

51 more not listed; retrieve them via the Exa API.

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