Hale v. Hobbs, 443 S.W.3d 533

Hale pleaded guilty in 1978 to first-degree murder, four counts of aggravated robbery, and one count of first-degree battery for crimes in October 1977.
Sentences were concurrent: life for murder and aggravated robbery counts; twenty years for battery; orders stated 1/3 before parole eligibility.
In 1996 Hale sought declaratory relief arguing parole eligibility despite life sentences; circuit court denied under Ark. Code Ann. §16-93-604.
This court affirmed without reaching the merits of Hale’s arguments on appeal in a prior, unpublished context.
On January 31, 2013 Hale filed a pro se habeas petition alleging facial invalidity of the sentencing orders, involuntary plea, ineffective assistance, Brady violations, and juvenile LWOP concerns.
Lee County Circuit Court denied the petition on May 1, 2013; Hale appealed contending facial invalidity and Eighth Amendment challenges.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are the sentencing orders facially invalid?	Hale argues the court lacked authority to impose life with parole.	State contends sentencing was within statute and valid as applied.	Facial invalidity established; remand ordered.
Do juvenile-life-without-parole provisions violate the Eighth Amendment for nonhomicide offenses?	Hale asserts Graham-based LWOP for juveniles is unconstitutional.	State defends applicability under current law.	Not reached.
Do juvenile-life-without-parole provisions violate the Eighth Amendment for homicide offenses?	Hale contends Miller-based LWOP for juveniles is unconstitutional.	State contends applicability and does not concede invalidity.	Not reached.

State v. Fountain, 350 Ark. 437 (2002) (sentencing must align with statute in effect at crime; unauthorized sentence reversible)
Taylor v. State, 354 Ark. 450 (2003) (court may reverse for statute-based sentencing errors)
Hobbs v. Turner, 2014 Ark. 19 (2014) (life generally means life; parole eligibility historically rare)