Hobbs v. Hodge
2015 Ark. 207
| Ark. | 2015Background
- Aaron Hodge was convicted of capital murder for three homicides committed on October 8, 1995, and sentenced to life without parole. Hodge v. State, 332 Ark. 377, 965 S.W.2d 766 (1998).
- Hodge filed a habeas-corpus petition asserting Miller v. Alabama applied retroactively because he was 17 at the time of the offenses (petition included a certified amended judgment showing his birthdate).
- The State responded that the circuit court must first find probable cause under Ark. Code Ann. § 16-112-103(a)(1) before filing a return and argued Miller was not retroactive.
- The circuit court held a hearing (no evidence presented), did not make an explicit probable-cause finding or require a return, and granted habeas relief vacating Hodge’s LWOP sentence and remanding for resentencing on the ground Miller applied retroactively.
- The Arkansas Supreme Court reversed and remanded, holding the circuit court failed to follow mandatory habeas procedures by not making a specific probable-cause finding and not requiring a return before granting relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miller v. Alabama applies retroactively to vacate Hodge’s mandatory LWOP | Hodge: Miller applies retroactively to juveniles sentenced to mandatory LWOP, entitling him to relief | State: Miller is not retroactive; even if cognizable, Hodge isn’t entitled to relief | Not decided — court remanded on procedural grounds without addressing Miller’s retroactivity |
| Whether the circuit court complied with Arkansas habeas procedures before granting relief | Hodge: His petition and attached certified judgment established probable cause; the court’s transport order and hearing implicitly issued the writ | State: Court must first find probable cause before requiring a return; none was made so relief premature | Court: Reversed — circuit court failed to make the required probable-cause finding and to follow statutory habeas steps; remand for proper procedures |
| Whether the State’s response sufficed as a return under habeas statutes | Hodge: State’s pleadings amounted to a return | State: Its response asserted it would file a return only after a probable-cause finding | Held: State’s response was not a substitute for the mandatory post-probable-cause return; statutory process was not followed |
| Proper remedy when habeas procedures aren’t followed but court grants relief | Hodge: Immediate vacatur and resentencing appropriate | State: Relief was premature without statutory steps; remand for procedural compliance | Held: Vacatur and resentencing were premature; case reversed and remanded for a probable-cause determination and, if warranted, issuance of the writ and further statutory proceedings |
Key Cases Cited
- Miller v. Alabama, 132 S.Ct. 2455 (U.S. 2012) (holding mandatory life without parole for juveniles violates the Eighth Amendment)
- Hobbs v. Gordon, 434 S.W.3d 364 (Ark. 2014) (circuit court must make an explicit probable-cause finding before issuing habeas writ and proceeding)
- Hodge v. State, 965 S.W.2d 766 (Ark. 1998) (original capital-murder conviction and LWOP sentence)