State v. Weiker

With the “modification” of Williamson and Dillon, this Court enters a new era. For those students of the criminal law, now equate this “modification” with my dissent in State v. Helm, 287 N.W.2d 497, 499 (S.D.1980), which dissent was honored and quoted in part by the United States Supreme Court in Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983). Helm was reversed. As recent as February 20, 1985, Helm was cited for authority in State v. Big Head, 363 N.W.2d 556, 565 (S.D.1985). In my special concurrence in Big Head, I took exception to this and quoted my dissent in Helm…