Hobbs v. Gordon, 2014 Ark. 225

Gordon was convicted in 1995 of capital murder and sentenced to life without parole, a sentence this Court affirmed along with codefendants.
Gordon later sought postconviction relief under Rule 37, which the circuit court denied.
In 2013 Gordon filed a habeas petition under Ark. Code Ann. § 16-112-118(b)(1)(A)–(B), challenging the legality of his sentence as a juvenile under Miller v. Alabama and asserting birth-date errors affecting his age at offense.
Gordon provided a birth certificate showing birth date August 18, 1977, arguing he was seventeen at the offense, which would make him a juvenile at the time.
The circuit court granted the writ, vacated Gordon’s life-without-parole sentence, and ordered resentencing, sua sponte relying on Miller and Jackson v. Norris.
The State appealed, challenging (a) cognizability of Miller claims in habeas and (b) compliance with habeas procedures under §§16-112-101 to -108; this Court remands for a proper probable-cause finding under §16-112-103.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Miller claims are cognizable in habeas corpus	Gordon argues Miller claims are cognizable and remediable in habeas as void/illegal sentences for juveniles.	State contends Miller claims are not cognizable in habeas corpus and would expand habeas remedies improperly.	Gordon's Miller claim is cognizable in habeas corpus.
Whether Miller applies retroactively in this context	Gordon relies on Miller as applicable to his juvenile status at offense.	State argues Miller does not apply retroactively to habeas petitions.	The court does not decide retroactivity on the merits here; remands for proper procedural groundwork.
Whether the writ complied with the habeas procedure statutes	Gordon asserts writ procedures were satisfied or substantially so; service and notice fulfilled return requirements.	State asserts writ procedures were mandatory and the circuit court failed to issue a proper return/find probable cause per statute.	Writ procedures require a probable-cause determination; remand to determine probable cause is needed.

Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory LWOP for juveniles unconstitutional)