Utah Supreme Court· 9/30/1997

State v. Gardner

Citations

947 P.2d 630
62 A.L.R. 5th 757
327 Utah Adv. Rep. 13
1997 Utah LEXIS 88
1997 WL 597437

How courts have described this case

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

holding that this court may review sentences for proportionality with level of culpability
explaining that in Eighth Amendment challenges a “heavy burden rests on those who would attack the judgment of the representatives of the people” (quoting Gregg v. Georgia, 428 U.S. 153, 175, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976))
explaining that in Eighth Amendment challenges a \heavy burden rests on those who would attack the judgment of the representatives of the people\ (quoting Gregg v. Georgia, 428 U.S. 153, 175, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976))
addressing the constitutional- ity of the death penalty for prison assaults
“The Coker holding leaves no room for the conclusion that any rape, even an ‘inhuman’ one involving torture and aggravated battery but not resulting in death, would constitutionally sustain imposition of the death penalty”
\[A] facial challenge to a statute under the Eighth Amendment's cruel and unusual punishment provision requires a different standard than that applicable under the due process clause at issue in Salerno.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Durham, Zimmerman, Russon, Stewart, Durham'S, Howe, Russon'S

Read full opinion on CourtListener

Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

Cites

74 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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.