William James Rummel v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent
Court of Appeals for the Fifth Circuit
1Opinion of the Court
THORNBERRY, Circuit Judge:
This is a habeas corpus case in which the petitioner, William Rummel, challenges his life sentence under the Texas habitual criminal statute1 as cruel and unusual punishment in violation of the eighth amendment. A panel of this court held that his sentence violated the eighth amendment because his sentence was grossly disproportionate to his crimes. Rummel v. Estelle, 568 F.2d 1193 (5 Cir. 1978). The court has reheard this important case en banc and vacates the panel opinion.
I
Facts
As stated by the panel opinion, the relevant facts are:
In January 1973, a Texas grand…
2Cases cited94 opinions
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Wainwright v. SykesSupreme Court of the United States · 1977
- Rizzo v. GoodeSupreme Court of the United States · 1976
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Bordenkircher v. HayesSupreme Court of the United States · 1978
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3Cited by55 opinions
- Rummel v. EstelleSupreme Court of the United States · 1980
- Robert McGruder v. Steven W. PuckettCourt of Appeals for the Fifth Circuit · 1992
- Harris v. StateCourt of Criminal Appeals of Texas · 1983
- Raymond Walker, Cross-Appellant v. Ted Engle, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1983
- State v. VanceWest Virginia Supreme Court · 1980
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