What is the test for waiving a sentence that constitutes cruel and/or unusual punishment?
California, United States of America
The following excerpt is from People v. Muschamp, E064035 (Cal. App. 2016):
3. As the People point out, the argument that a sentence constitutes cruel and/or unusual punishment may be deemed waived if not raised in the trial court. However, to forestall any claim of ineffective assistance of counsel, we will address the issue on its merits. (See People v. DeJesus (1995) 38 Cal.App.4th 1, 27.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If appellant fails to contemporaneously object that his sentence constitutes cruel and unusual punishment, does he forfeit his right to appeal against the sentence? (California, United States of America)
Does defendant waive the issue of cruel and unusual punishment by failing to object to the constitutionality of his sentence below? (California, United States of America)
Does a lengthy sentence for multiple sex crimes constitute cruel or unusual punishment? (California, United States of America)
Does a defendant have to contemporaneously object that their sentence constitutes cruel and unusual punishment? (California, United States of America)
Does a sentence of life without the possibility of parole for two sex crimes involving a single victim constitute cruel and unusual punishment? (California, United States of America)
Does defendant's sentence violate the California Constitution's prohibition against cruel or unusual punishment? (California, United States of America)
Does a sentence of life without possibility of parole constitute cruel and unusual punishment? (California, United States of America)
What is the test for determining whether a sentence imposed in a particular case violates the constitutional proscription against cruel and/or unusual punishment? (California, United States of America)
What is the test for a sentence that violates the state constitutional ban on cruel or unusual punishment? (California, United States of America)
What is the case law on recidivism, cruel and unusual punishment, and how has the Court treated the appellant in the context of his appeal against his enhanced sentence? (California, United States of America)
