Ward v. Kelley (Per Curiam)Annotate this Case
Appellant pleaded guilty to one count of manslaughter. The sentencing order reflected a sentence of 240 months’ imprisonment for the manslaughter conviction and the imposition of a consecutive firearm enhancement of 120 months’ imprisonment. The Arkansas Department of Corrections (ADC) initially calculated Appellant’s term of imprisonment to a total aggregate term of 240 months’ imprisonment but later changed Appellant’s computation card to reflect an increase in the time to be served to a term of 360 months’ imprisonment. Appellant filed a grievance, alleging that the ADC had illegally increased his sentence. The ADC summarily denied Appellant’s grievance. Thereafter, Appellant filed a petition for judicial review. The ADC filed a motion to dismiss, arguing that its decision was not subject to judicial review. The circuit court granted the ADC’s motion. The Supreme Court ordered supplemental briefing on the issue of whether the ADC’s recalculation of Appellant’s time was in error, holding that because the unlawful confinement of an individual under a sentence longer than statutorily permitted constitutes a denial of due process, the ADC’s decision was subject to judicial review.