Solem, Warden, South Dakota State Penitentiary v. Helm (463 U.S. 277)
U.S. Supreme Court · decided June 28, 1983 · Supreme Court Database (Spaeth)
- Citation
- 463 U.S. 277 · 103 S. Ct. 3001
- Decided
- June 28, 1983
- Term
- October Term 1982
- Vote
- 5–4
- Majority author
- Justice Powell
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
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. In 1972 he was convicted of obtaining money under false pretenses. In 1973 he was convicted of grand larceny. And in 1975 he was convicted of third-offense driving while intoxicated. The record contains no details about the circumstances of any of these offenses, except that they were all nonviolent, none was a crime against a person, and alcohol was a contributing factor in each case. In 1979 Helm was charged with uttering a “no account” check for $100. The only details we have of the crime are those given by Helm to the state trial court: “ T was working in Sioux Falls, and got my check that day, was drinking and I ended up here in Rapid City with more money than I had when I started. I knew Fd done something I didn’t know exactly what. If I would have known this, I would have picked the check up. I was drinking and didn’t remember, stopped several places.’” State v. Helm, 287 N. W. 2d 497, 501 (S. D. 1980) (Henderson, J., dissenting) (quoting Helm). After offering this explanation, Helm pleaded guilty. Ordinarily the…
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