Jackson v. Norris
2013 Ark. 175
Ark.2013Background
- Jackson was convicted of capital murder and a related aggravated-robbery offense, receiving a life sentence without parole under Arkansas’ capital-murder scheme.
- The Arkansas Supreme Court previously affirmed the convictions and denied habeas relief, and the United States Supreme Court later held Arkansas’ mandatory LWOP for juveniles unconstitutional in Miller v. Alabama.
- On remand, this court reversed the habeas denial and ordered transfer to a different circuit court for resentencing, with a requirement to consider Miller evidence and age-related factors.
- The court held that portions of the capital-murder statute could be severed so that juveniles could be sentenced within a discretionary Class Y felony range, rather than mandatory LWOP.
- The Mississippi County Circuit Court must conduct a resentencing hearing within the discretionary Class Y range (not less than 10 years and not more than 40 years, or life) and allow Miller evidence.
- The court noted it was premature to decide whether a life sentence would be permissible post-resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miller requires habeas relief for Jackson | Jackson argues Miller applies and invalidates mandatory LWOP for juveniles. | State concedes Miller controls; relief follows. | Habeas relief granted; writ issued; remanded. |
| Whether the capital-murder statute can be severed to cure constitutional infirmities for juveniles | Severance preserves a valid penalty framework for juveniles. | Severance may undermine the statute’s core framework. | Severance affirmed; capital murder becomes Class Y felony with severed penalties. |
| What sentencing procedure on remand is proper | Jackson may be resentenced with Miller evidence in a proper forum. | Severed framework allows discretionary sentencing within Class Y. | Sentencing must occur in Mississippi County with Miller evidence; within Class Y discretionary range. |
| Whether a life sentence is permissible for juveniles under Eighth Amendment | Life without parole for juveniles is unconstitutional per Miller. | Unresolved; depends on resentencing outcome. | Premature to decide; focus on resentence within discretionary range. |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (mandatory life without parole for juveniles violates Eighth Amendment; consider age and youth characteristics)
- Thompson v. Oklahoma, 487 U.S. 815 (1988) (juveniles and automatic LWOP analysis)
- Yates v. Aiken, 484 U.S. 211 (1988) (respecting habeas relief and juvenile considerations)
- Waddle v. Sargent, 313 Ark. 539 (1993) (writ issuance in habeas corpus context)
- Hobbs v. Jones, 2012 Ark. 293 (2012) (severability and construction of statutory provisions in Arkansas code)