Benson v. Kelley (Majority, with Concurring)
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The Supreme Court reversed the denial of Appellant’s petition for writ of habeas corpus, issued the writ, and remanded this case to the sentencing court, holding that Appellant’s judgment-and-commitment orders incorrectly stated that he was ineligible for parole.
Appellant was convicted of multiple offenses he committed as a juvenile. In his habeas petition Appellant alleged that one of his sentences of sixty years’ imprisonment exceeded his life expectancy without the opportunity for parole, resulting in a de facto life sentence, in violation of Graham v. Florida, 560 U.S. 48 (2010). The Supreme Court held (1) Appellant was parole eligible, and therefore, his sentence did not violate Graham; but (2) Appellant’s judgment-and-commitment orders incorrectly stated that his was ineligible for parole pursuant to Ark. Code Ann. 16-93-609, which did not apply to Appellant.
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