Waller v. Kelley (Majority)Annotate this Case
In 1996, Appellant entered a guilty plea to charges of first-degree murder, arson, and first-degree battery. Appellant was sentenced to a term of imprisonment of forty years. The Department of Correction calculated Appellant’s earliest possible date for parole eligibility as being August 21, 2023. Appellant filed a petition for declaratory judgment and writ of mandamus, asserting that the Department incorrectly calculated his parole-eligibility date because it was required to calculate the date based on his presumptive sentence, not the sentence imposed. The circuit court denied Appellant’s motion for summary judgment and ruled that the petition counted as a “strike” pursuant to Ark. Code Ann. 16-68-607. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) did not err in denying Appellant’s petition, but (2) erred in concluding that the petition fell within those that would constitute a “strike” under section 16-68-607.