Jackson v. Norris
2011 Ark. 49
Ark.2011Background
- Jackson was convicted of capital murder and aggravated robbery in 2003 and sentenced to life without parole; the conviction was affirmed in 2004.
- In 2008, Jackson filed a habeas petition in Jefferson County alleging the sentence was invalid for a juvenile offender.
- The circuit court dismissed, finding no facial invalidity or lack of jurisdiction.
- Jackson argues the mandatory LWOP for a juvenile violates the Eighth and Fourteenth Amendments and Arkansas constitutional provisions.
- The majority holds the sentence is within statutory bounds and Graham/Roper should not extend to homicide cases.
- Dissent argues the sentence is illegal as applied to a fourteen-year-old in a felony-murder context and would reverse habeas relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the habeas petition proper where the sentence is within statutory bounds? | Jackson argues the sentence is invalid for a juvenile. | State argues sentence is authorized by statute. | No error; petition properly dismissed. |
| Does Graham/Roper apply to a juvenile sentenced to LWOP for homicide? | Jackson seeks extension of Graham to homicide. | Graham applies to nonhomicide offenses; not extended here. | Graham does not extend to homicide cases; LWOP constitutional within bounds. |
| Should there be a pre-sentencing or sentencing-phase mechanism for juvenile aggravating/mitigating factors? | A sentencing hearing could alter the LWOP result. | Statute governs sentencing; no pre-sentencing hearing available. | Not addressed by majority; concurrence suggests legislative remedy. |
Key Cases Cited
- Flowers v. Norris, 347 Ark. 760 (2002) (writ feasible for facial invalidity or lack of jurisdiction; detention of illegal period)
- McKinnon v. Norris, 366 Ark. 404 (2006) (per curiam habeas framework; probable cause standard)
- Bangs v. State, 310 Ark. 235 (1992) (habeas relief for illegal detention; three narrow exceptions)
- Friend v. Norris, 364 Ark. 315 (2005) (per curiam; habeas propriety standards)
- Meny v. Norris, 340 Ark. 418 (2000) (per curiam; habeas standards)
- State v. Joslin, 364 Ark. 545 (2006) (sentencing within legislative bounds; review limits)
- Porter v. State, 281 Ark. 277 (1984) (within statutory sentencing; reduce not allowed)
- Dyas v. State, 260 Ark. 303 (1976) (LWOP within statutory bounds not per se cruel)
- Bunch v. State, 344 Ark. 730 (2001) (three narrow exceptions to non-reduction of lawful sentence)
- Harmelin v. Michigan, 501 U.S. 957 (1991) (not violative of Eighth Amendment when within statute)
- Graham v. Florida, 560 U.S. 48 (2010) (juvenile LWOP for nonhomicide offenses violates Eighth Amendment; narrow scope)
- Roper v. Simmons, 543 U.S. 551 (2005) (execution of juveniles prohibited; juvenile LWOP not categorically barred)