David Michael Norgaard, 339 P.3d 267

Norgaard pleaded no contest to one count of second-degree sexual abuse of a minor (victim age six); two other counts were dismissed as part of the plea. DNA and a forensic interview supported the prosecution’s factual statement.
He previously had a 1997 conviction (court-martial/forcible sodomy of a child) and acknowledged the prior in the record.
Wyoming law, Wyo. Stat. § 6-2-306(e), mandates life imprisonment without parole for a conviction of listed sexual offenses when the actor has one prior qualifying conviction arising from a separate occurrence.
The district court imposed the mandatory life-without-parole sentence; Norgaard appealed, asserting the sentence violated the Eighth Amendment and Art. 1, § 14 of the Wyoming Constitution.
The State argued review should be for plain error because Norgaard did not object below; the court applied de novo review to the constitutional question and rejected the Eighth Amendment and state-constitutional challenges.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Whether mandatory life without parole for a second conviction of sexual abuse of a minor is grossly disproportionate under the Eighth Amendment	Norgaard: sentence is grossly disproportionate to second-degree sexual contact and therefore cruel and unusual	State: sentence is mandated by statute for repeat sex offenders; plain error review applies but constitutionality is a legal question	Court: sentence is not grossly disproportionate; recidivist sentencing for serious child-sex offenses is a legitimate basis for severe mandatory penalty (Eighth Amendment claim denied)
2. Whether Wyoming Constitution Art. 1, § 14 ("cruel or unusual") provides broader protection such that the sentence is invalid under state law	Norgaard: wording "cruel or unusual" requires only one element (unusual) to be shown; life without parole is "unusual" compared to other schemes	State: federal baseline applies; Wyoming has not shown a distinct state-law basis for greater protection here	Court: Norgaard failed to perform the required state-constitutional analysis; the sentence is not "unusual" in constitutional terms and is upheld under the state constitution

Solem v. Helm, 463 U.S. 277 (establishes the three-part proportionality/Solem test)
Graham v. Florida, 560 U.S. 48 (discusses evolving standards of decency and categorical Eighth Amendment analysis for life sentences without parole for juveniles)
Harmelin v. Michigan, 501 U.S. 957 (upholds severe mandatory penalties and observes life without parole is among the harshest noncapital punishments)
Rummel v. Estelle, 445 U.S. 263 (recognizes state interest in harsher treatment of recidivists)
Heinemann v. State, 12 P.3d 692 (Wyo.) (upholds Wyoming enhanced sentencing for habitual sex offenders)