George Wanstreet v. Donald E. Bordenkircher

Summary

The court held that applying a mandatory life recidivist sentence to Wanstreet's third felony—nonviolent forgery of a $43 check—violated West Virginia's constitutional proportionality requirement. In assessing proportionality, the court considered the nature of the triggering offense and prior offenses, the legislative purpose, punishments in other jurisdictions, and punishments for comparable offenses within West Virginia, giving special weight to whether the crimes involved violence. The court awarded habeas relief and discharged Wanstreet from further confinement.