Derrick Lynell Harris v. State of Arkansas — Womack, J., Dissenting

Summary

The dissent would have applied the Fair Sentencing of Minors Act to Harris because he was resentenced after the Act took effect, and would have directed the circuit court to impose life imprisonment with parole eligibility after thirty years without another sentencing hearing. It reasoned that the Act legislatively cured the constitutional defect in the former mandatory sentencing scheme and superseded the temporary judicial remedy used while that defect existed. Justice Wynne, concurring, agreed with the disposition but maintained that the Act applied retroactively and that fundamental fairness independently required giving Harris the same resentencing remedy previously afforded to similarly situated defendants.