Legal Opinion

Brown v. Commonwealth

Kentucky Supreme Court

Decided June 6, 1991No. 90-SC-111-DGPublishedCited by 10 opinions

1Opinion of the Court

CHARLES J. KAMUF, Special Justice.

The primary question of law raised in this appeal is whether Appellant Katherine Amy Brown’s sentence of 10 years on the PFO I conviction is so grossly disproportionate to the crime herein that it is manifestly unfair and constitutes cruel and inhuman punishment in violation of the federal and state constitutions.

Brown was found guilty of Theft by Deception and given a sentence of two and one-half years on that charge. The jury then found Brown guilty of being a Persistent Felony Offender in the First Degree, convicted on two prior nonviolent property-related…

2Cases cited5 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. Rummel v. EstelleSupreme Court of the United States · 1980
  3. Workman v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1968
  4. Collett v. CommonwealthCourt of Appeals of Kentucky · 1984
  5. Commonwealth v. MessexKentucky Supreme Court · 1987

3Cited by10 opinions

  1. Varble v. CommonwealthKentucky Supreme Court · 2004
  2. Hughes v. CommonwealthKentucky Supreme Court · 1994
  3. Porter v. CommonwealthKentucky Supreme Court · 1992
  4. Commonwealth v. FintKentucky Supreme Court · 1997
  5. Renaker v. CommonwealthCourt of Appeals of Kentucky · 1994

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