Derrick Lynell Harris v. State of Arkansas — Wynne, J., Concurring

Summary

Justice Wynne concurred in the disposition but disagreed with the majority's conclusion that the Fair Sentencing of Minors Act did not apply to Harris. He reasoned that the Act's retroactive parole-eligibility provision applied to Harris's life sentence and that parole eligibility satisfied the constitutional requirements governing juvenile life sentences. He nevertheless believed fundamental fairness required Harris to receive the same resentencing remedy previously granted to similarly situated defendants. Justice Womack, dissenting, would have applied the Act's uniform parole-eligibility remedy without a new sentencing hearing.