Scherrer v. State (Majority, with Concurring and Dissenting)
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The Supreme Court reversed the order of the circuit court denying Appellant's pro se motion to vacate his amended sentencing order entered under the Fair Sentencing of Minors Act of 2017 (FMSA) and remanded for resentencing in accordance with the decision in Harris v. State, 547 S.W.3d 64 (Ark. 2018), holding that the circuit court lacked the authority to sentence Appellant under the FSMA.
Appellant was sixteen years old when he was convicted of capital murder. Following the decision in Miller v. Alabama, 567 U.S. 460 (2012), Appellant petitioned for a writ of habeas corpus. The circuit court issued the writ, vacated Appellant's mandatory sentence of life without parole, and remanded for resentencing. Before Appellant's resentencing hearing, however, the FSMA was passed. The circuit court subsequently sentenced Appellant to life imprisonment with the possibility of parole after thirty years pursuant to the FSMA. Appellant filed a pro se motion to vacate the amended sentencing order. The circuit court concluded that it lacked jurisdiction to rule on Appellant's motion to vacate. The Supreme Court reversed, holding that, pursuant to its decision in Harris, the circuit court erred in applying the FSMA to Appellant's case, and Appellant was entitled to a hearing to present Miller evidence for consideration.
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