Criminal Procedure keyed to Weinreb
Solem v. Helm
Facts
The Respondent, Jerry Helm (the “Respondent”), was convicted of six nonviolent felonies. Due to his criminal history, the Respondent was subject to a recidivist statute after being accused of uttering a “no account check” that read: “[w]hen a defendant has been convicted of at least three prior convictions [sic] in addition to the principal felony, the sentence for the principal felony shall be enhanced to the sentence for a Class 1 felony.” The maximum penalty for the crime of uttering a “no account check” is five years in prison and a $5,000 fine. The maximum fine for a “Class 1” felony was life imprisonment and a $25,000 fine. Further, parole is not available. Only the Governor is authorized to pardon prisoners. The Respondent pled guilty, and the trial court sentenced him to life imprisonment. The South Dakota Supreme Court affirmed the sentence. The Respondent, after being in jail for two years, sought to have the Governor commute his sentence to a fixed term of years. The Governor denied the Respondent’s claims. The Respondent then sought habeus corpus relief in Federal District Court. The Respondent argued that his sentence violated the Eighth Amendment and Fourteenth Amendment because it was cruel and unusual punishment. The District Court denied the writ. The Eighth Circuit reversed and the Supreme Court of the United States granted certiori.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.