Miller v. State
570 S.W.3d 448
Ark.2019Background
- Steven Wade Miller, age 16 at the time, was convicted of capital murder (1994) and originally sentenced to mandatory life without parole; conviction affirmed on direct appeal.
- Following Miller v. Alabama, Miller obtained habeas relief: Jefferson County Circuit Court vacated his LWOP sentence and remanded for resentencing.
- Before the resentencing hearing, Arkansas enacted the Fair Sentencing of Minors Act (FSMA), effective March 20, 2017, eliminating LWOP for juveniles and adding parole eligibility after 30 years.
- At resentencing, Columbia County Circuit Court applied the FSMA and imposed life with parole eligibility after 30 years; Miller appealed that application.
- The Arkansas Supreme Court held that, because Miller committed the crime before the FSMA effective date and his prior sentence had been vacated, the FSMA’s penalty and parole provisions do not apply; vacated his FSMA-based sentence and remanded for a Miller-compliant resentencing hearing under the Class Y discretionary range (10–40 years or life).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the FSMA’s revised penalty (LWOP eliminated; parole after 30 years) applies retroactively to juveniles whose crimes occurred before March 20, 2017 | Miller: FSMA should not apply retroactively; resentencing must follow Miller precedents and Class Y discretionary range | State: FSMA should apply retroactively to cases where LWOP was vacated, authorizing life with parole after 30 years | Court: FSMA penalty provisions are not retroactive; apply only to crimes on/after March 20, 2017; reverse FSMA-based sentence |
| Whether FSMA’s parole-eligibility provision applies at resentencing when prior LWOP sentence has been vacated | Miller: Parole provisions do not attach because his sentence was vacated and he is not serving a sentence to which parole eligibility can attach | State: Parole eligibility should attach at resentencing under FSMA | Court: Parole eligibility under FSMA did not apply because Miller’s sentence had been vacated at the time of resentencing; he is entitled to a Miller hearing and Class Y sentencing range |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (holding mandatory LWOP for juveniles unconstitutional; requires individualized sentencing)
- Montgomery v. Louisiana, 136 S. Ct. 718 (Miller must be given retroactive effect)
- Jackson v. Norris, 426 S.W.3d 906 (Ark. 2013) (on remand application of Miller: resentencing within Class Y discretionary range)
- Harris v. State, 547 S.W.3d 64 (Ark. 2018) (FSMA not retroactive; applies only to crimes on/after effective date)
- Robinson v. State, 563 S.W.3d 530 (Ark. 2018) (reaffirming limits on applying FSMA retroactively)