What is the test for grossly disproportionate Eighth Amendment challenges?
California, United States of America
The following excerpt is from People v. Hammond, A142892 (Cal. App. 2016):
Eighth Amendment disproportionality is very narrow. (Ewing, supra, 538 U.S. at p. 20.) Successful grossly disproportionate challenges are " 'exceedingly rare' " and appear only in an " 'extreme' " case. (Lockyer v. Andrade (2003) 538 U.S. 63, 73.)
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