State v. Bartlett

MOELLER, Vice Chief Justice,

dissenting.

I agree with Justice Corcoran’s dissent. The United States Supreme Court remanded this case to us to reconsider in light of Harmelin. Putting aside the difficulties of interpreting every nuance of Harmelin, one fact is incontrovertible: the United States Supreme Court held that Michigan may constitutionally impose lifetime imprisonment without possibility of parole upon a first-time offender for possession of 650 grams of cocaine. That being the case, I fail to understand why Arizona may not constitutionally impose a “flat” fifteen-year term on an adult…