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· 9/19/2023

Brian Davis v. George Wigen

Oral argument

Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the death penalty for rape might serve “legitimate ends of punishment” but nevertheless is disproportionate to the crime
  • ruling that the death penalty for rape is grossly disproportionate and excessive and thus cruel and unusual punishment
  • ruling that the death penalty for rape is grossly disproportionate and excessive and thus cruel and unusual punishment
  • holding that a defendant convicted of rape, without more, cannot be given the death penalty
  • holding that the sentence of death for the crime of rape of an adult woman was a \grossly disproportionate and excessive punishment\ and thus forbidden by the Eighth Amendment
  • holding that imposing the death penalty for the unaggravated rape of an adult is unconstitutional

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.