HART

v.

COINER, WARDEN

Citator

Cited By (15 total)

• Hutto v. Davis, 454 U.S. 370 (U.S. 1982)
  …ces of marihuana that it constituted cruel and unusual punishment as proscribed by the Eighth and Fourteenth Amendments. The District Court, relying primarily upon the four factors set forth in Hart v. Coiner, 483 F. 2d 136 (CA4 1973), cert. denied, 415 U. S. 938 (1974), agreed: “After examining the nature of the offense, the legislative purpose behind the punishment, the punishment in the Commonwealth of Virginia for other offenses, and the punishment actually imposed for the same or similar offenses in Vi…
• Carmona v. Ward, 576 F.2d 405 (2d Cir. 1978)
  …nishment imposed with that fixed for other crimes within the jurisdiction; and 3) a comparison of the sentence under review with those authorized in other jurisdictions for the same crime. Hart v. Coiner, 483 F. 2d 136 (4th Cir. 1973), cert. denied, 415 U.S. 938, 94 S.Ct. 1454, 39 L.Ed.2d 495 (1974); In re Lynch, supra; People v. Broadie, supra; 44 Fordham L.Rev. 637 (1975); 1976 Wisconsin L.Rev. 655. Although the aim of this test is to reduce the amount of judicial subjectivity in Eighth Amendment jurispr…

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• Downey v. Perini, 518 F.2d 1288 (6th Cir. 1975)
  …tences be served consecutively. In some cases sentences under admittedly constitutional statutes have been held to constitute cruel and unusual punishment as applied to particular facts. E. g., Hart v. Coiner, 483 F. 2d 136 (4th Cir.), cert. denied, 415 U.S. 938, 983, 94 S.Ct. 1454, 1577, 39 L.Ed.2d 495, 881 (1973). However, when a sentence is within the statutory limits and it is argued that the statute provides for punishment that violates the Eighth Amendment, this is an attack on the constitutionality…