Supreme Court of Arkansas

Smith v. Kelley

September 15, 20162016 Ark. 307

Summary

The court held that Smith's life-without-parole sentence for rape was illegal because he was a juvenile who committed a nonhomicide offense. Applying the governing habeas and sentencing principles, the court reversed the denial of relief, issued the writ, and directed the sentencing court to reduce the rape sentence to fifty years. The State's concession and the uncontested, adjudicated record permitted the court to grant relief directly without a further habeas return.