Supreme Court of Arkansas
Lemuel Session Whiteside v. State of Arkansas
April 25, 20132013 Ark. LEXIS 208
Summary
The court held that the mandatory life-without-parole sentence imposed on a juvenile convicted of capital murder was unconstitutional and illegal because the sentencing scheme did not permit consideration of youth-related mitigating circumstances. It declined to modify the conviction, instead severed the unconstitutional statutory language and remanded for resentencing within the discretionary Class Y felony range, with a jury permitted to consider mitigating evidence. The court affirmed the convictions and left the aggravated-robbery sentence and firearm enhancement undisturbed.