Summers v. WARDEN OF NEVADA STATE PRISON

This is a case in which some relief may be justified. But I think that relief has already been accorded by the lower court and should judicially restrain us from establishing another constitutional precedent.

When petitioner pleaded guilty to the lesser crime of forcible rape, without extreme violence or great bodily injury, arising out of the same facts which supported the earlier conviction of rape with extreme violence and great bodily injury he received a substantially and markedly lesser sentence than the court could have given him. He could have been sentenced to a term of not less than…