State v. Franklin
Court of Appeals of Washington
1Opinion of the CourtGreen, J.
John Clarence Franklin was convicted of attempted first degree murder and first degree robbery. He was given an exceptional sentence to which he assigns error, contending (1) the sentence is unjustified because deliberate cruelty inheres in the premeditation element of first degree murder; and (2) the deliberate cruelty standard in the Sentencing Reform Act of 1981 (SRA) is vague and therefore violative of the Eighth Amendment. We affirm.
The unchallenged findings of fact entered after the sentencing hearing disclosed the following facts. On November 20, 1984, Mr. Franklin entered Dorner's…
2Cases cited13 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Maynard v. CartwrightSupreme Court of the United States · 1988
- Wasman v. United StatesSupreme Court of the United States · 1984
- State v. AmmonsWashington Supreme Court · 2005
- State v. DunawayWashington Supreme Court · 1988
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3Cited by20 opinions
- State v. RussellCourt of Appeals of Washington · 1993
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