Supreme Court of Arkansas

Ray Hobbs v. Aaron Hodge, Appellee

May 14, 20152015 Ark. LEXIS 331

Summary

The court reversed and remanded an order granting habeas-corpus relief because the circuit court granted substantive relief without first making the statutorily required probable-cause finding or conducting the required writ, return, and hearing procedures. The court declined to decide whether Miller applies retroactively. Justice Wood, joined by Justice Wynne, dissenting, would have reached the retroactivity issue because the State effectively conceded Hodge’s age and no factual dispute required further habeas proceedings.