State of West Virginia v. Radee M. Hill, 16-0138

Petitioner Radee M. Hill and four co-defendants traveled from South Carolina to West Virginia to rob Andrew Gunn.
Hill and at least two others disguised themselves and were armed (two handguns and a shotgun) when entering Gunn’s home.
Occupants (including an elderly woman with a heart condition and her young granddaughter) were ordered to the ground; no physical injuries occurred but victims were frightened.
Stolen items included a safe with about $9,000, two pairs of Air Jordans, and a crossbow; defendants were later arrested after a tip.
Hill was convicted of conspiracy to commit a felony, first-degree robbery, and entry of a dwelling; grand larceny was dismissed.
Sentenced to indeterminate terms for conspiracy and entry, and a 50-year determinate sentence for first-degree robbery; Hill appealed only the 50-year robbery sentence as disproportionate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 50-year sentence for first-degree robbery violates proportionality under WV Const. Art. III, §5	Hill: 50 years is disproportionate to the crime and shocks the conscience	State: Sentence is within the statutory scheme for first-degree robbery and justified by aggravating factors	Court: Sentence does not shock the conscience and passes objective proportionality review; affirmed

State v. Adams, 211 W.Va. 231, 565 S.E.2d 353 (W. Va. 2002) (sets subjective and objective proportionality framework and upholds long sentence for first-degree robbery)
State v. Goodnight, 169 W.Va. 366, 287 S.E.2d 504 (W. Va. 1982) (sentences within statutory limits not subject to appellate review absent impermissible factors)
State v. Tyler, 211 W.Va. 246, 565 S.E.2d 368 (W. Va. 2002) (sentences with no statutory upper limit can be challenged under proportionality principles)
State v. Williams, 205 W.Va. 552, 519 S.E.2d 835 (W. Va. 1999) (upholding lengthy sentence in robbery-related proportionality context)