Legal Opinion

State v. Davis

Arizona Supreme Court

Decided October 30, 2003No. CR-01-0423-PRPublishedCited by 57 opinions

1Opinion of the Court

OPINION

BERCH, Justice.

¶ 1 We granted review in this ease to decide whether sentencing a twenty-year-old defendant to a mandatory minimum sentence of fifty-two years without the possibility of parole for having voluntary sex with two post-pubescent teenage girls is so grossly disproportionate to the crime as to violate the Eighth Amendment’s prohibition against cruel and unusual punishment. We hold that it is.

FACTS1

¶ 2 In January 1999, thirteen-year-old T.E. and her stepsister, C.M., snuck out of their house at night to meet nineteen-year-old Jason in a local park. Jason drove the girls to the…

2Cases cited32 opinions

  1. Lockyer v. AndradeSupreme Court of the United States · 2003
  2. Solem v. HelmSupreme Court of the United States · 1983
  3. Harmelin v. MichiganSupreme Court of the United States · 1991
  4. Rummel v. EstelleSupreme Court of the United States · 1980
  5. Ewing v. CaliforniaSupreme Court of the United States · 2003

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3Cited by57 opinions

  1. State v. BrueggerSupreme Court of Iowa · 2009
  2. State of Arizona v. Christopher Mathew PayneArizona Supreme Court · 2013
  3. State v. AndersonArizona Supreme Court · 2005
  4. State of Iowa v. Charles James David OliverSupreme Court of Iowa · 2012
  5. State v. CarreonArizona Supreme Court · 2005

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

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