Solem v. Stumes | |
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Argued November 28, 1983 Decided February 29, 1984 | |
Full case name | Solem, Warden, South Dakota State Penitentiary v. Norman Stumes |
Citations | 465 U.S. 638 ( more ) 104 S. Ct. 1338; 79 L. Ed. 2d 579; 1984 U.S. LEXIS 36; 52 U.S.L.W. 4307 |
Court membership | |
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Case opinions | |
Majority | White, joined by Burger, Blackmun, Rehnquist, O'Connor |
Concurrence | Powell |
Dissent | Stevens, joined by Brennan, Marshall |
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Solem v. Stumes, 465 U.S. 638 (1984), was a United States Supreme Court case in which the Court held that its decision in Edwards v. Arizona (1980) should not be applied retroactively.
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.
Edwards v. Arizona, 451 U.S. 477 (1981), is a decision by the United States Supreme Court holding that once a defendant invokes his Fifth Amendment right to counsel police must cease custodial interrogation. Re-interrogation is only permissible once defendant's counsel has been made available to him, or he himself initiates further communication, exchanges, or conversations with the police. Statements obtained in violation of this rule are a violation of a defendant's Fifth Amendment rights.
The United States Reports are the official record of the rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings of the Supreme Court of the United States. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of United States Reports, although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office.
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Calder v. Jones, 465 U.S. 783 (1984), was a case in which the United States Supreme Court held that a court within a state could assert personal jurisdiction over the author and editor of a national magazine which published an allegedly libelous article about a resident of that state, and where the magazine had wide circulation in that state.
Solem v. Helm, 463 U.S. 277 (1983), was a United States Supreme Court case concerned with the scope of the Eighth Amendment protection from cruel and unusual punishment. Mr. Helm, who had written a check from a fictitious account and had reached his seventh nonviolent felony conviction since 1964, received a mandatory sentence, under South Dakota law at that time, to life in prison with no parole. Petitioner Mr. Solem was the warden of the South Dakota State Penitentiary at the time.
Grove City College v. Bell, 465 U.S. 555 (1984), was a case in which the United States Supreme Court held that Title IX, which applies only to colleges and universities that receive federal funds, could be applied to a private school that refused direct federal funding but for which a large number of students had received federally funded scholarships. The Court also held that the federal government could require a statutorily mandated "assurance of compliance" with Title IX even though no evidence had been presented to suggest that Grove City College had discriminated. However, the Court also held that the regulation would apply only to the institution's financial aid department, not to the school as a whole.
Harmelin v. Michigan, 501 U.S. 957 (1991), was a case decided by the Supreme Court of the United States under the Eighth Amendment to the United States Constitution. The Court ruled that the Eighth Amendment's Cruel and Unusual Punishment Clause allowed a state to impose a life sentence without the possibility of parole for the possession of 672 grams of cocaine.
Lockyer v. Andrade, 538 U.S. 63 (2003), decided the same day as Ewing v. California, held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments. Relying on the reasoning of Ewing and Harmelin v. Michigan, the Court ruled that because no "clearly established" law held that a three-strikes sentence was cruel and unusual punishment, the 50-years-to-life sentence imposed in this case was not cruel and unusual punishment.
Keeton v. Hustler Magazine, Inc., 465 U.S. 770 (1984), was a case in which the United States Supreme Court held that a state could assert personal jurisdiction over the publisher of a national magazine which published an allegedly defamatory article about a resident of another state, and where the magazine had wide circulation in that state.
McKaskle v. Wiggins, 465 U.S. 168 (1984), is a United States Supreme Court case in which the court considered the role of standby counsel in a criminal trial where the defendant conducted his own defense. In this case the defendant claimed his Sixth Amendment right to present his own case in a criminal trial was violated by the presence of a court-appointed standby counsel.
Pulley v. Harris, 465 U.S. 37 (1984), is a United States Supreme Court case in which the Court held that there the Eighth Amendment to the United States Constitution does not require, as an invariable rule in every case, that a state appellate court, before it affirms a death sentence, proportionally compare the sentence in the case before it with the penalties imposed in similar cases if requested to do so by the prisoner.
Michigan v. Jackson, 475 U.S. 625 (1986), was a case decided by the United States Supreme Court regarding the Sixth Amendment's right to counsel in a police interrogation. In a decision written by Justice Stevens, the Court held that once an accused individual has claimed a right to counsel at a plea hearing or other court proceeding, a waiver of that right during later police questioning would be invalid unless the accused individual initiated the communication.
Solem v. Bartlett, 465 U.S. 463 (1984), was a Supreme Court Case involving Indian country jurisdiction in the United States, in which the court decided that opening up reservation lands for settlement by non-Indians does not constitute the intent to diminish reservation boundaries. Therefore, reservation boundaries would not be diminished unless specifically determined through legislation.
George Alan Solem, known professionally as Alan Solem, was an American malacologist, a biologist who studied mollusks.
Nebraska v. Parker, 577 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that Congress's 1882 Act did not diminish the Omaha Indian Reservation. The disputed land is within the reservation's boundaries.
Diminishment is the legal process by which the United States Congress can reduce the size of an Indian reservation.
Pennhurst State School and Hospital v. Halderman, 465 U.S. 89 (1984), was a United States Supreme Court decision holding that the Eleventh Amendment prohibits a federal court from ordering state officials to obey state law.
Vatusila is a genus of land snail found in Oceania. It consists of five extant and one fossil species. Alan Solem described and named the genus in 1983.