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RUMMEL v. ESTELLE

No. 78-6386.

445 U.S. 263 (1980)

100 S.Ct. 1133

63 L.Ed.2d 382

RUMMEL v. ESTELLE, CORRECTIONS DIRECTOR.

Supreme Court of United States.

Decided March 18, 1980.

Attorney(s) appearing for the Case

Scott J. Atlas, by appointment of the Court, 442 U.S. 939, argued the cause for petitioner. With him on the briefs was Charles Alan Wright.

Douglas M. Becker, Assistant Attorney General of Texas, argued the cause for respondent. With him on the brief were Mark White, Attorney General, John W. Fainter, Jr., First Assistant Attorney General, Ted L. Hartley, Executive Assistant Attorney General, Gilbert J. Pena, Assistant Attorney General, and W. Barton Boling.*

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

Petitioner William James Rummel is presently serving a life sentence imposed by the State of Texas in 1973 under its "recidivist statute," formerly Art. 63 of its Penal Code, which provided that "[w]hoever shall have been three times convicted of a felony less than capital shall on such third conviction be imprisoned for life in the penitentiary."1 On January

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