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Show Wednesday, June 29, Prisoner's Happy With Court Ruling - Jerry the WASHINGTON (UPI) Buckley Helm, spared by Supreme Court from having to spend the rest of his life in prison for writing a $100 bad check, says the four years he already has served has changed his life. The high court, in a significant shift in its views on excessive prison terms, voted 4 to strike down Helm's sentence of life imprisonment without hope of parole for writing the bad check, declaring that the punishment 5-- - Weather Report 70 Local Forecast THE HERALD, Provo, Utah, 1983 An court had ruled against him "this life sentence made me a different person" since he entered the prison in April 1979 to serve the term. The ruling cautiously but clearly opened the door for other prisoners to challenge the length of their sentences. "There is a real risk that this holding will flood the appellate courts" with claims of excessive prison sentences, Chief Justice Warren Burger warned in a sharply worded dissenting opin- 377-226- 2. Dr. Matthews heads a list of speakers and panelists who will present "New Dimensions in Small Business Development" from 8:30 a.m. to 3:30 p.m. The conference is being sponsored by the Provo Area Chamber of Commerce and the Mountainland Asso ciation of Governments, Private Industry Council. ion. Professor B.J. George Jr. of New York Law School agreed, saying, "You can bet your last buck that state prisoners with nothing better to do are going to give it a try." In its ruling,' the court's majority oncluded that Helm's harsh sentence was "significantly disproportionate" to his string of seven felonies and violated the Constitution's ban against cruel and unusual punishment. Even though Helm was a habitual offender, his crimes were nonviolent and "relatively minor," Justice Lewis Powell wrote. Yet, Helm was "treated more harshly than other criminals in the state who have committed more serious crimes." "We conclude that his sen- tence is significantly disproportionate to his crime and is therefore prohibited by the Eighth Amendment," Powell said. The ruling requires the state to resentence Helm to a more lenient sentence. But Helm's attorney, John Burnett of Rapid City, S.D., says he is unsure how soon the resentencing will take place or the length of term Helm might receive. Helm's six other felonies included driving while intoxicated e and three counts of burglary. Helm said all of his crimes were caused by alcoholism but said he has worked with Alcoholics Anonymous to overcome the problem. "It's my intention never to take another drink," he said. "Right now I feel like I've got faith in the justice system, that they will work out something for third-degre- the habitual offender." It is rare for the Supreme Court to strike down a sentence as constitutionally excessive. But even more unusual is that the ruling squelched a push by the court's conservative justices to restrict proportionality tests to death penalty cases. In the past three yearsi the conservative faction of the court had won out. In 1980, they succeeded in upholding a Texas prisoner's life sentence for three credit card and bad checks convictions involving less than $250. In 1981, they reinstated a Virginia man's prison term for possession and sale of nine ounces of 40-ye-ar marijuana. Breaking with that trend, Topics include assistance in loan packaging, better hiring techniques, tax credit information, and MOSTLY CLOUDY Fiaures indicate maximum temperatures 100 isolated thunderstorms. Highs today and Thursday in the lower 80s. Lows tonight in the 50s. In southern Utah, the forecast is for mostly fair through Thursday with southerly winds to 20 miles per hour in the western valleys. Highs today and Thursday from the 80s into the-90Lows tonight mostly in the National Forecast 50s. Highs Tuesday ranged from Bullfrog Basin's 99 and 98s at Hanksville and St. George, down to 78s at Logan and Price and a 76 at Ogden. Lows this morning ranged from Monticello's 45 and a 49 at Vernal, up to 66s at Bullfrog Basin, St. George and Wendover. - The extended outlook for Friday through Sunday calls for generally dry and warm weather with a chance of isolated thunderstorms near the northern Utah mountains. Highs mostly in the 80s, with 90s in the southern deserts. Overnight lows from the 50s into the mid 60s. Regional Forecasts By United Press International Salt Lake City, Ogden and Provo: Variable cloudiness through tonight with a slight chance of afternoon or evening thunderstorms; partly cloudy Thursday with a slight chance of thunderstorms; highs today and Thursday in the lower 80s; lows tonight in the 50s; variable winds to 15 miles per hour this afternoon; probability of measurable precipitation 20 percent this afternoon and tonight. Logan: variable cloudiness through tonight with a chance of isolated afternoon or evening thunderstorms; partly cloudy Thursday with isolated afternoon thunderstorms; highs today and Thursday in the upper 70s; lows tonight near 50. Cedar City: Mostly fair through Thursday, except for southerly winds to 20 miles per hour; highs today in the upper 80s and Thursday in the mid 80s; lows tonight in the lower 50s. fair through Thursday, except for southerly winds to 20 miles per St. George: Mostly hour; highs today and thursday in the upper 90s; lows tonight in the mid 60s. Northern Utah: Variable cloudiness through tonight with a chance of isolated afternoon or evening thunderstorms; partly cloudy Thursday with isolated thunderstorms; highs today and thursday in the lower 80s; lows tonight in the 50s. Southern Utah: Mostly fair through Thursday, except for southerly winds to 20 miles per hour in the western valleys this afternoon; highs today and Thursday from the 80s into the 90s; lows tonight mostly in the 50s. Northern Idaho: Considerable cloudiness through Thursday with a chance of showers or thunderstorms mainly near the mountains: highs today and Thursday from the 60s through the 70s; lows tonight from the 40s through the 50s. Southwest Idaho: Mostly cloudy through Thursday with a few mountain showers or thunderstorms; highs today from the 70s into the 80s and Thursday from the mid 60s into the upper 70s; lows tonight 45 to 55. Southeast Idaho: Partly cloudy today; increasing cloudiness tonight; mostly cloudy Thursday; highs today and Thursday mostly in the 70s; lows tonight 45 to 50. United Press International Relentless thunderstorms that pounded the nation's midsection for three days stretched east today, scattering flooding from the Plains to Pennsylvania. Up to 6 inches of rain doused Alabama and 4 Inches soaked Des Moines, Iowa, in 30 minutes. The storms that hit the eastern two-thirof the nation with large hail, driving rain, gusty winds and a string of tornadoes have been blamed for at least six deaths. Five inches of rain soaked Saylorville, in Des Iowa, and water stood waist-dee- p Moines, doused by nearly 4 inches of rain in 30 minutes Tuesday. The deluge sent Four Mile Creek rushing out of its banks. "It (Four Mile Creek) comes up and scares people, then it goes down and life goes on," said Verna Smith. "I've lived through it before, so I know what to expect. You learn to get accustomed to it." Flash flood watches were posted for eastern Nebraska and Iowa, where up to 10 inches of rain already gorged streams. Heavy rains hit eastern Oklahoma, northeast Texas, western Arkansas and parts of Kansas. Constant rains have kept water levels high along all rivers in Mississippi, where the Pearl River has been near bankful all year. The storms cooled the summer's first heatwave, sweeping New York's temperatures away. However, about 1,000 Westchester County residents were without power at the height of the downpour. Eastern Oklahoma and northeast Texas were the hardest hit by a series of tornawinds and hail the size of does, baseballs. At least six deaths have been blamed on the weather. An Alabama man was killed, two people were injured and two others were missing in crash on Interstate 10. A a truck-camppickup truck slammed the rear of the camper and plunged into the swollen Montli-ma- r Creek south of Mobile, awash in up to 6 inches of rain. Ohio boy sucked into a A storm pipe drowned near Cleveland, hit by 2 inches of rain. A Pennsylvania boy drowned and two companions were injured in a drain pipe leading to a creek near Duquesne. Officials said the boys apprently took refuge in the pipe after rain canceled their LitUe League baseball game. 87 54.... 72 48.05 86- -.... 78 53.... 68 47 1 76 60 .02 74 44 .... 81 55 .. 66 so 84 56!!!. 60 98 66!!!! !... 77 83 49 13 82 8166.... National Temps By United Press International Hi 92 Albuquerque c 66 Anchorage cy 74 Billings r 87 Birmingham pc 81 Boston c 96 Brownsville Tex. pc 68 Buffalo c 88 Charleston S.C. cy 86 Charlotte N.C. r 70 Chicago r 79 Cleveland pc 83 Columbus pc 95 Dallas pc 69 Denver pc 79 Des Moines r 70 Detroit cy CityiFcst ' 69 96 Duluthcy El Paso c Hartford c Honolulu c Indianapolis r Jackson Miss, pc Jacksonville r Kansas City pc Las Vegas c Little Rock cy Los Angeles c Louisville r Memphis r Miami Beach pc Milwaukee r Minneapolis r Nashville pc New Orleans pc New York c Oklahoma City pc 72 88 84 91 89 80 97 89 77 85 89 86 65 6i 87 87 77 84 V Omaha cy Philadelphia cy Phoenix c Pittsburgh pc Portland Me. c Portland Ore. r Providence c Richmond cy St. Louis r Salt Lake City pc San Antonio pc San Diego pc San Francisco pc San Juan pc Seattle r Tampa r Washington cy Wichita c 79 83 102 79 66 72 74 93 89 82 97 73 66 91 68 89 90 83 68 60 75 63 48 59 56 77 73 60 78 67 54 81 .01 .94 .... .47 .... .16 .65 .03 .... .... .... .... .... .... 56 .02 76 .... 66 2.43 61 .05 using tax credits and to cut payroll costs. Panel discussions will address state and local efforts to assist small businesses with expansion or establishment of new firms. Panelists are: Howard Bird, Associate Director, Utah Division of Economic and Industrial Development; Lewis Billings, President, Billings Caldisk; W. Brent McGregor, Mountainland Association of Governments; Richard Bradford, Manager, UVIDA. Nevin Limburg, Executive Vice President, Provo Area Chamber of Commerce, will moderate the forum. Lo Pep 64 .... 54 .... 52 .... 71 .... 57 .25 79 48 74 73 63 61 65 74 53 .... .21 .... .... .52 .... .01 .49 .30 71 58 Potato Salad eav M .... .... 51 56 52 75 67 75 71 64 71 66 66 72 76 81 63 62 73 73 61 63 i .... .... 1.11 .... 1.54 .... .97 .04 .... .68 .... .62 .07 .... .06 .33 .... 1.66 .94 1.14. IrJLr LbLlVJ u IHJuu Regional Temps lbLilJLlJlSLiUD By United Press International High Low Pep. 81 60 .... Boise 72 47 .... Burley 3 90' J Cedar City Idaho Falls Lewis ton Logan McCall Ogden Pocatello Provo Richfield Roosevelt Salt Lake St. George Twin Falls Vernal Wendover The Colorado River dropped 6 inches near Grand Junction, Colo., and 1,000 people returned home. But downstream, three times the normal water released from Utah's Lake Powell gushed into Lake Mead behind Hoover Dam, filling the lake faster than the dam could release water. Officials predicted water would pour next week over spillways that have not been used in 41 years, threatening levies near the Mexican border. The U.S. Bureau of Reclamation urged residents along the river to buy more flood insurance as authorities warned of future releases. mm Powell wrote for the five-ma- n majority that "as a matter of principle ... a criminal sentence must be proportionate to the 21 Dr. Kelly K. Matthews, senior vice president and economist for the First Security Corporation, will deliver the keynote address to Provo area businesses during a small business development seminar Thursday in Provo. The conference activities are being conducted in the Holiday Inn, Provo. For more information, call By United Press Utenational flow over The northern Utah will continue through Thursday, keeping skies generally cloudy, the National Weather Service said today. "This pattern is allowing numerous pocklevel moisture to move ets of over Utah. But satellite pictures show that most of the cloudiness was confined to northern Utah, with a few thin bands extending into the southern portion of the state," the service said. The forecast calls for variable cloudiness through tonight in northern Utah with a chance of isolated afternoon or evening thunderstorms. Partly cloudy Thursday with interview from the South Penitentiary, Helm, 40, was "relieved, happy." said even if the high Page Business Seminar Set must fit the crime. In an Dakota said he Helm - Mm vetryttfaouiig) crime." He warned it will be "exceedingly rare" for a sentence to be struck down because "substantial deference" must be given to state lawmakers and sentencing judges who choose the penalties for specific crimes. "But no penalty is per se constitutional," Powell said. Justice Harry Blackmun cast the swing vote in Tuesday's ruling, switching sides from his stand in the 1980 Texas case. In dissent, Burger and Justices Byron White, William Rehnquist and Sandra Day O'Connor ac- Etasll He 11)! All Items Discounted At Least 20 cused their colleagues of "blithely" ignoring precedent Examplt! tence their criminals. Light Buibs, paclM ! 4 Ivory Bar Socp, 245 m. and "trespassing gravely on the authority of the states" to sen- South Dakota Attorney General Mark Meierhenry likewise criticized the decision, saying, "I wish the Supreme Court state's would stay out of the business." HQXE STYLE At Checkstand FirttUtSatidirichCooUtt, Flrtslit Fig $ 1 .0 1 1 U .... Ban, 32 m. RUtd Sloragt Containers, 50 lb. cwdtv Klgh Protein Stores Wheat, so ft. li 0$ 1 .86 $1.01 $1.69 $3.90 $5.94 Whfla Supplies Last For News Tips Call 373-505- 0 Ext. 269 Wo Witt Be In Our Kewry Remodeled Store At 350 W. 21 CO S. In Soft Lake City, Beelnning Jdy 5th. Come and too as! Buie Foods North 1200 West. Oram ti30 uk to liOO pun. My! ilStCTrAUYJOR 25(07rUY10Q jGKIKlES. 07120Z.QEUSI1 MR GROCER: As our .gent, redeem Ihtl coupon Cm 1 ratal customer In accordance with tht terms of tills offer We wtl reimburse you ttc value plus handing for each coupon you accept. Coupon void If redeemed by other than retail distributors. 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