Prior Appeals
The Texas appellate courts rejected Rummel's appeal of the conviction as well as subsequent collateral attacks on his sentence. Rummel then filed a federal habeas corpus petition in the United States District Court for the Western District of Texas, which also denied relief, on the basis that the Supreme Court had already ruled on the constitutionality of Texas' three strikes law, as well as agreeing with the State that the sentence was not truly "life" as Rummel would be eligible for parole in 12 years.
However, a divided panel of the United States Court of Appeals for the Fifth Circuit reversed the sentence on grounds that it "was 'so grossly disproportionate' to his offenses as to constitute cruel and unusual punishment." But the Court of Appeals sitting en banc reversed the panel's ruling, on the basis that Rummel would be eligible for parole; six judges dissented on the basis that Rummel had no enforceable right to parole and that prior Supreme Court rulings mandated overturning the sentence.
Read more about this topic: Rummel V. Estelle
Famous quotes containing the words prior and/or appeals:
“As humans have a prior right to existence over dogs by virtue of being more highly evolved and having a superior consciousness, so women have a prior right to existence over men. The elimination of any male is, therefore, a righteous and good act, an act highly beneficial to women as well as an act of mercy.”
—Valerie Solanas (b. 1940)
“The War was decided in the first twenty days of fighting, and all that happened afterwards consisted in battles which, however formidable and devastating, were but desperate and vain appeals against the decision of Fate.”
—Winston Churchill (1874–1965)