Lee Charles Millsap, Jr., Appellant v. Wendy Kelley

Summary

The court affirmed dismissal of Millsap's habeas petition, holding that his sentence of life imprisonment without parole for capital murder was not facially invalid even though the death penalty had been waived. It construed the statutes together and concluded that the statutory limit of life imprisonment after waiver of the death penalty did not prohibit the only remaining permissible capital-murder sentence. The court reviewed the habeas ruling for clear error and the statutory interpretation de novo.