2015 Ark. 42
Ark.2015Background
- Proctor, age 17, committed aggravated robberies in 1982 and pled guilty January 13, 1983 to ten counts of aggravated robbery and one count of robbery.
- One aggravated-robbery conviction carried a life sentence; remaining offenses yielded a total of 200 years, to be served consecutively to the life sentence.
- In 2010, Graham v. Florida held that juvenile nonhomicide offenders cannot be sentenced to life without parole.
- Proctor filed a habeas petition asserting his life sentence for the nonhomicide offense was illegal under Graham.
- The circuit court granted the writ and, applying Turner, reduced the life sentence to 40 years and held no plenary resentencing was warranted.
- Proctor had additional cumulative sentences totaling 200 years and, although he would be parole-eligible after 20 years of the 40-year term, parole was effectively blocked by the other sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Turner should be overruled or modified in light of Graham. | Proctor seeks plenary resentencing. | Hobbs argues Turner should control; no plenary resentencing. | Turner remains controlling; no plenary resentencing. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (juvenile nonhomicide life without parole unconstitutional)
- Hobbs v. Turner, 2014 Ark. 19, 431 S.W.3d 283 (Ark. 2014) (remedial reduction to max term; no plenary resentencing)
- B.C. v. State, 344 Ark. 385, 40 S.W.3d 315 (Ark. 2001) (burden on party seeking to overrule prior decision)