LEGUM

v.

NEW YORK

Citator

Cited By (14 total)

• Rummel v. Estelle, 445 U.S. 263 (U.S. 1980)
  …1974, the Fourth Circuit considered the claim of a West Virginia prisoner who alleged that the imposition of a mandatory life sentence for three nonviolent crimes violated the Eighth Amendment. In Hart v. Coiner, 483 F. 2d 136 (1973), cert. denied, 415 U. S. 983 (1974), the court held that the mandatory sentence was unconstitutional as applied to the prisoner. The court noted that none of the offenses involved violence or the danger of violence, that only a few States would apply such a sentence, and that…

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• United States v. Wardlaw, 576 F.2d 932 (1st Cir. 1978)
  …76), cert. denied, 430 U.S. 973, 97 S.Ct. 1663, 52 L.Ed.2d 368 (1977); Downey v. Perini, 518 F. 2d 1288 (6th Cir.), vacated and remanded, 423 U.S. 993, 96 S.Ct. 419, 46 L.Ed.2d 367 (1975); Hart v. Coiner, 483 F. 2d 136 (4th Cir. 1973), cert. denied, 415 U.S. 983, 94 S.Ct. 1454, 39 L.Ed.2d 495 (1974). Inordinate sentences for drug convictions have been overturned on this theory. Carmona v. Ward, 436 F.Supp. 1153 (S.D.N.Y.1977); Davis v. Zahradnick, 432 F.Supp. 444 (W.D. Va.1977). But the sentences involved i…
• Rummel v. Estelle, 587 F.2d 651 (5th Cir. 1978)
  …soned that to consider good time credits would require the court to become involved in the parole process. 568 F. 2d at 1196. Next, the court adopted the proportionality standards set out in Hart v. Coiner, 483 F. 2d 136 (4 Cir. 1973), cert. denied, 415 U.S. 983, 94 S.Ct. 1577, 39 L.Ed.2d 881 (1974). Id. Finally, the panel held that under these standards Rummel’s life sentence violated the eighth amendment. Id. at 1200. IV. The initial question we must answer is: Does the eighth amendment prohibit some pr…

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