Legal Opinion · Concurring in part, dissenting in part

State v. Richardson

West Virginia Supreme Court

Decided December 8, 2003No. 31121Published

1Concurring in part, dissenting in partDavis, J.

(Filed Nov. 18, 2003)

In this proceeding the majority determined that a sentence of 30 years imposed upon Raymond Richardson for the crime of kidnapping “shock[s] the conscience and is constitutionally impermissible[.]” In view of the fact that the kidnapping was incidental to underlying crimes and the victim’s plea of mercy for Mr. Richardson, I reluctantly concur in the majority’s determination that the sentence was excessive.1 However, the ma*415jority’s decision to remand this case for the circuit court to impose a specific punishment of 10 years, lacks precedent in this State. For the reasons…

2Cases cited14 opinions

  1. State v. CooperWest Virginia Supreme Court · 1983
  2. State v. BuckWest Virginia Supreme Court · 1984
  3. Yates v. United StatesSupreme Court of the United States · 1958
  4. State v. BuckWest Virginia Supreme Court · 1982
  5. State v. FortesSupreme Court of Rhode Island · 1975

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