Jimmy Scherrer v. State of Arkansas, 584 S.W.3d 243

In 1986, Jimmy Scherrer (age 16 at the time) was convicted of capital murder and sentenced to mandatory life without parole; the conviction was affirmed on direct appeal.
Following Miller v. Alabama, Scherrer obtained habeas relief; the Lincoln County Circuit Court vacated his mandatory sentence and remanded for resentencing.
Before a resentencing hearing was held, the Arkansas Fair Sentencing of Minors Act (FSMA), effective March 20, 2017, eliminated life without parole for juvenile offenders and made parole available after 30 years; the trial court "discontinued" the planned resentencing and entered an amended sentence of life with parole eligibility after 30 years under the FSMA.
Scherrer filed a pro se motion to vacate the amended sentence, arguing the court lacked authority to apply the FSMA, he was entitled to a Miller resentencing hearing, and FSMA’s application was an ex post facto violation.
The circuit court declined relief on procedural grounds; this Court reviewed the sentence sua sponte and, relying on Harris v. State, held the FSMA did not apply because Scherrer’s sentence had been vacated and his crime predated the FSMA.
The Supreme Court reversed and remanded for a Miller-type resentencing within the Class Y felony discretionary range (10–40 years or life).

Issue	Plaintiff's Argument (Scherrer)	Defendant's Argument (State)	Held
Whether the trial court had authority to resentence under the FSMA after habeas vacatur	Court lacked authority; sentence vacated so FSMA inapplicable	FSMA remedied Miller retroactively by extending parole eligibility	Court: No authority; FSMA did not apply where sentence was vacated and crime predated FSMA
Whether Scherrer was entitled to a Miller resentencing hearing	Entitled to present Miller evidence and be sentenced within Class Y range	FSMA’s parole scheme cured Miller violation; hearing unnecessary	Entitled to Miller hearing and sentencing within Class Y discretionary range (10–40 years or life)
Whether FSMA’s penalty/parole provisions apply retroactively to crimes before March 20, 2017	Application to pre-Act crimes is retroactive/ex post facto and invalid	FSMA is remedial and applies to previously vacated juvenile sentences	FSMA is not retroactive to crimes committed before the Act’s effective date; parole provisions do not attach after vacatur
Whether the court could address an illegal sentence despite procedural defects in Scherrer’s motion	Procedural bar left him without relief	Motion was procedurally deemed denied	Court treats void/illegal sentences like subject-matter jurisdiction and may address them sua sponte; sentence was illegal and reversed

Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life without parole for juveniles unconstitutional; Miller hearing required)
Montgomery v. Louisiana, 577 U.S. 190 (2016) (Miller rule retroactive on collateral review)
Jackson v. Norris, 2013 Ark. 175, 426 S.W.3d 906 (Ark. 2013) (Miller resentencing must permit consideration of juvenile characteristics and sentence within Class Y range)
Harris v. State, 2018 Ark. 179, 547 S.W.3d 64 (Ark. 2018) (FSMA does not apply to crimes predating the Act; vacated sentences are not subject to FSMA parole provisions)
Cross v. State, 2009 Ark. 597, 357 S.W.3d 895 (Ark. 2009) (a sentence is void or illegal when the circuit court lacks authority to impose it)