Benson v. Kelley

The Supreme Court reversed the denial of Appellant’s petition for writ of habeas corpus, issued the writ, and remanded this case to the sentencing court, holding that Appellant’s judgment-and-commitment orders incorrectly stated that he was ineligible for parole.Appellant was convicted of multiple offenses he committed as a juvenile. In his habeas petition Appellant alleged that one of his sentences of sixty years’ imprisonment exceeded his life expectancy without the opportunity for parole, resulting in a de facto life sentence, in violation of Graham v. Florida, 560 U.S. 48 (2010). The Supreme Court held (1) Appellant was parole eligible, and therefore, his sentence did not violate Graham; but (2) Appellant’s judgment-and-commitment orders incorrectly stated that his was ineligible for parole pursuant to Ark. Code Ann. 16-93-609, which did not apply to Appellant. View "Benson v. Kelley" on Justia Law