452 S.W.3d 87
Ark.2014Background
- Johnson pled guilty in 1997 to first-degree murder and aggravated assault, receiving 552 months' imprisonment.
- Under former §16-93-611, 70% parole ineligibility applied to first-degree murder convictions.
- 1999 amendment allowed waiver of the 70% requirement for juveniles under narrow circumstances; Johnson was 14 at offense but record does not show he was mere accomplice.
- In 2013, Johnson sought nunc pro tunc waiver and related habeas relief, asserting retroactive application and lack of juvenile-transfer hearing.
- Trial court denied, citing Rule 37.2(c) timeliness and Edwards v. State on retroactivity; Johnson appeals.
- Appellate court affirms dismissal for lack of jurisdiction and timeliness, and agrees Edwards bars retroactive waiver
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court had jurisdiction to waive 70% under 16-93-611 and retroactively apply it | Johnson argues the statute could be retroactively applied and waived | State contends no jurisdiction; untimely under Rule 37.2 and 16-90-111 | No jurisdiction; retroactive waiver not permitted |
| Whether the motion was timely under Rule 37.2(c) and 16-90-111 | Johnson filed within a reasonable period in pursuit of relief under 16-93-611 | Motion untimely under Rule 37.2(c) and 16-90-111 | Untimely; trial court lacked jurisdiction to grant relief |
| Whether Edwards v. State controls retroactivity of §16-93-611 waiver | Edwards not dispositive to retroactivity claim | Edwards forecloses retroactive application of waiver | Edwards controls; cannot retroactively apply waiver |
Key Cases Cited
- Stewart v. State, 2014 Ark. 419 (Ark. 2014) (limits appellate consideration to arguments argued below; no new issues on appeal)
- Thornton v. State, 2014 Ark. 113 (Ark. 2014) (per curiam constraints on argument scope)
- Springs v. State, 2012 Ark. 87 (Ark. 2012) (abandonment of unargued issues)