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SOLEM v. HELM

No. 82-492.

463 U.S. 277 (1983)

103 S.Ct. 3001

77 L.Ed.2d 637

SOLEM, WARDEN, SOUTH DAKOTA STATE PENITENTIARY v. HELM

Supreme Court of United States.

Decided June 28, 1983.

Attorney(s) appearing for the Case

Mark V. Meierhenry, Attorney General of South Dakota, argued the cause for petitioner. With him on the briefs was Grant Gormley, Assistant Attorney General.

John J. Burnett, by appointment of the Court, 459 U.S. 1100, argued the cause and filed a brief for respondent.

JUSTICE POWELL delivered the opinion of the Court.

The issue presented is whether the Eighth Amendment proscribes a life sentence without possibility of parole for a seventh nonviolent felony.

I

By 1975 the State of South Dakota had convicted respondent Jerry Helm of six nonviolent felonies. In 1964, 1966, and 1969 Helm was convicted of third-degree burglary.1 In 1972 he was...

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