Opinion

State v. Manussier

  • 129 Wash. 2d 652
Court
Washington Supreme Court
Filed
Aug 8, 1996
Status
Published
Author
Sanders
On the bench
Madsen, Sanders, Smith
Cited by
249 cases
Authority
More cited than 16.0%

holding that Initiative 593, the state "three strikes law," is constitutional

How later courts described this case

  • holding that Initiative 593, the state "three strikes law," is constitutional
  • explaining that because recidivists do not constitute a suspect or semisuspect class and because physical liberty is not a fundamental right, rational basis review is proper
  • stating, "[t]he Gunwall[ [2] ] factors do not favor an independent inquiry under article I, section 3 of the state constitution"
  • stating, “[t]he Gunwall[ 11 ] factors do not favor an independent inquiry under article I, section 3 of the state constitution”

Written by the judges who cited it.

The opinion

Sanders, J.

(dissenting) — I join Justice Madsen’s dissent, however, write separately to restate my view expressed in my dissenting opinion in State v. Rivers, 129 Wn.2d 697 , that the "Persistent Offender Accountability Act,” also known as "Three Strikes and You’re Out,” unconstitutionally imposes cruel punishment contrary to Washington Constitution article I, section 14, and is therefore invalid on its face.

Reconsideration denied October 24, 1996.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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