Maxwell v. State

PARKS, Vice Presiding Judge,

concurring in result:

While I agree that appellant’s life sentence for attempted kidnapping after former conviction of two or more felonies is not disproportionate under the current eighth amendment analysis set forth in Solem v. Helm, 463 U.S. 277, 290, 103 S.Ct. 3001, 3010, 77 L.Ed.2d 637 (1983), I cannot agree with the majority that ‘‘Solem requires an extensive proportionality analysis only in those cases involving life sentences without the possibility of parole.” Majority, at 820. Such a position is clearly at odds with the following language in Solem:

There is…