2016 Ark. 307
Ark.2016Background
- In 1977 Smith pleaded guilty in Pike County to rape and aggravated robbery; after a retrial in 1984 he was sentenced to life imprisonment for rape and 50 years for robbery, to run consecutively.
- The record establishes the rape occurred on December 31, 1976; Smith was a juvenile at the time of the offense.
- Smith, pro se, filed a habeas petition in Lee County challenging his life-without-parole sentence for rape as illegal under Graham v. Florida because he was under eighteen and the offense was nonhomicide.
- The Lee County circuit court denied the habeas petition, erroneously finding the rape sentence was not life without parole; the State concedes that finding was reversible error.
- The Arkansas Supreme Court reviewed statutory sentencing, precedent applying Graham retroactively, and held the appropriate remedy is reducing a juvenile nonhomicide LWOP sentence to the statutory maximum term of years.
- The court reversed the denial of habeas relief, issued the writ, and remanded with instructions to modify Smith’s rape sentence to fifty years in Pike County case no. 55CR-77-1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Smith’s LWOP sentence for a nonhomicide rape committed as a juvenile is illegal under the Eighth Amendment (Graham). | Smith: LWOP is unconstitutional for juvenile nonhomicide offenders per Graham; sentence therefore illegal. | State: Conceded Smith was a juvenile and entitled to relief; circuit court mistakenly found sentence was not LWOP. | Held: LWOP for juvenile nonhomicide offender is illegal under Graham; Smith’s sentence was illegal. |
| Whether Graham applies retroactively to Smith’s 1976 offense. | Smith: Graham applies retroactively (per Montgomery) and entitles him to relief. | State: Did not contest retroactivity; conceded relief. | Held: Graham applies retroactively (Montgomery); Smith is entitled to remedy. |
| Proper remedy for an illegal LWOP sentence for a juvenile nonhomicide offender. | Smith: Request reduction consistent with statutory maximum term-of-years. | State: Asked for habeas procedure return in circuit court but conceded relief appropriate. | Held: Remedy is reduction to the maximum term-of-years allowed by law; here 50 years for class A rape. |
| Whether the appellate court must remand for a return on the writ or may correct sentence itself. | Smith: Court may correct on record given undisputed facts. | State: Requested remand for writ return (per Hobbs v. Hodge). | Held: Because dispositive facts are adjudicated and undisputed, the Supreme Court may grant relief and order modification without an intermediate return. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (Eighth Amendment forbids LWOP for juvenile nonhomicide offenders)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (Graham rule applies retroactively)
- Hobbs v. Turner, 431 S.W.3d 283 (Ark. 2014) (applying Graham and reducing juvenile LWOP to term-of-years)
- Proctor v. Hobbs, [citation=""] (2015) (Ark.) (recognized remedy under Graham)
- Smith v. State, 691 S.W.2d 154 (Ark. 1985) (affirming prior convictions and sentences)
- Barber v. State, 482 S.W.3d 314 (Ark. 2016) (appellate courts must correct apparent illegal sentences)
- Harness v. State, 101 S.W.3d 235 (Ark. 2003) (same)
(Note: Proctor v. Hobbs appears in the opinion without a full official reporter citation.)