Ray Hobbs v. Ulonzo Gordon, Appellee

Summary

The Supreme Court of Arkansas held that a Miller-based claim that a mandatory life-without-parole sentence was imposed on a juvenile offender is cognizable in a petition for writ of habeas corpus, because the court had previously granted habeas relief on identical grounds in Jackson v. Norris and treats such a sentence as illegal on its face. Nevertheless, the court reversed because the circuit court issued the writ and vacated Gordon's sentence without first making the express probable-cause finding required by Ark. Code Ann. § 16-112-103(a)(1), holding that the statutory 'shall' makes that step mandatory. The case was remanded for a probable-cause determination and any further proceedings required by the habeas statutes, and the court did not reach the State's contention that Miller does not apply retroactively.