Millsap v. Kelley, 499 S.W.3d 207

Appellant Lee Charles Millsap, Jr., incarcerated in Lincoln County, filed a pro se petition for a writ of habeas corpus in the circuit court where he was confined challenging the facial validity of his capital-murder judgment.
In 1998 Millsap entered negotiated guilty pleas to capital murder and other charges; the judgment attached to his petition shows a sentence of life without parole for capital murder and the docket reflects the State waived the death penalty.
Millsap argued the trial court lacked authority to impose life without parole after the State waived death because Ark. Code Ann. § 16-89-108(b) (as then written) allegedly limited punishment, when death was waived, to "life imprisonment" (arguably meaning life with parole).
He relied on an apparent conflict with Ark. Code Ann. § 5-10-101, which lists the only two sentences for capital murder as death or life imprisonment without parole, arguing the imposed sentence exceeded statutory authority and was facially invalid.
The circuit court dismissed the habeas petition for failure to show probable cause that his detention was illegal; the Supreme Court of Arkansas affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the judgment sentencing Millsap to life without parole is facially invalid because the State waived death and § 16-89-108(b) limits punishment to "life imprisonment"	Millsap: Waiver of death limited punishment to "life" (with parole), so life without parole was unauthorized and void	Kelley: Sentence is within statutory range for capital murder; statutes can be harmonized so life without parole remains permissible when death is waived	Court: Held the sentence is valid; statutes construed harmoniously and Butler controls; no probable cause for habeas relief

Butler v. State, 549 S.W.2d 65 (Ark. 1977) (upheld availability of life without parole despite earlier statute limiting punishment to life when death waived)
Philyaw v. Kelley, 477 S.W.3d 503 (Ark. 2015) (habeas proper for facially invalid judgments or lack of jurisdiction)
Fields v. Hobbs, [citation=""] (Ark. 2013) (noting habeas petitioner must show lack of jurisdiction or facial invalidity)
Hobbs v. Gordon, 434 S.W.3d 364 (Ark. 2014) (appellate standard for reviewing denial of habeas relief)
State v. Thomas, 439 S.W.3d 690 (Ark. 2014) (statutory interpretation reviewed de novo)
State v. Colvin, 427 S.W.3d 635 (Ark. 2013) (penal statutes strictly construed but not to defeat legislative intent)